More details to this question:
I filed for an order to show cause and served him through his attorney over 30 days. We're in the 3rd district court, tooele UT, If it helps any. I can't afford an attorney so I'll have a court one for this hearing. My hearing is in 7 days. His attorney just sent me a response to my order to show cause yesterday. So she sent it over 30 days after he'd been served and with only 8 days left until the hearing. I was told I had to file a response to his OSC within 14 days after I was served OR 14 days before the hearing. He didn't do either of those and I was just wondering if he's allowed to do that or if I could file something saying he didn't answer within a sufficient timeframe and that his response shouldn't be allowed since he had over 30 days to answer and had an attorney the whole time.
1 ANSWER
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David R. Hartwig, Esq.
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You say you can't afford an attorney, yet your situation shows that you truly need one.
Any opposition has to be filed 14 days before the hearing -- and depending on what you are requesting, service through his attorney may not be valid.
You can object to the late filing and ask for an extension to respond. But you really should find a way to hire an attorney, particularly as you could be awarded your attorney fees if you requested them at the hearing.
Answered on Jan 04th, 2020 at 7:48 AM