Intentionally delaying service of motion?
An Attorney filed a motion to the court. This was on a Friday, the motion was filed in court that day and the certificate of service was the same date signed by that attorney. The envelope was not postmarked until the following Monday. The judge made a ruling on that motion Tuesday morning and we did not even receive the motion until Tueday afternoon. What kind of voilation of rights would this be? I am thinking Due Process, but I am also looking for US codes for this kind of violation.
They filed a Motion to Quash Interogatorries that we filed on them, and our Motion to Produce. The date it was filed was June 15th, 2007, which was a Friday. It was postmarked June 18th, 2007. The Judge granted their motion to Quash the morning of June 19th, 2007 and we did not even receive the motion until the afternoon of June 19th, 2007. How can a judge make a ruling on a motion like this when the other party has not even received the motion yet?
- ahsoasho2u2Lv 71 decade agoBest Answer
what type of motion are we talking about?
filing, court and certificate can be done if hand carried.
courts are not open on weekends and holidays so if mailed friday night postmark would not be until monday.
judge ruled on tuesday same week?
you did not recieve motion until tuesday after hearing.
rules of the court--civil procedure-process methods of service-sheriff, designated person, mail--person serving shall endorse and return -clerk shall make note on sheet of docket for entry that sevice was completed------******note***service by mail shall be certified mail
time for answering complaint--from time of complaint recieved the person has 10 days to reply rule 6 in alabama--excluding sat sun or legal holiday as time computed--
proof of service is required fed rules of civil proc tit 7 349 (1)- 349 (5)--all states are reqiured to follow federal laws they cannot be less but may be more stringent
rule 56 summary judgements-motions10 days before fixed time for hearing-service
2 days before the court date for rebuttal by opposing party (frc proc-56)