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I am the plaintiff in a civil/criminal lawsuit. Today, Nov 9th. I was served a motion for reconsideration by the defendants step father (there is a PFA involved). The motion states it was filed on Nov. 3rd. 6 days prior from me receiving this motion. The court date is set for nov. 16th (7 days from today). My question is whether or not this motion is valid due to the short notice? The defendant had 6 days prior to figure out how to get this to me. He waited. I have little notice to give my employer. Additionally, he did not fill out the date he served me. The box where you state the date you served the other person was left blank. Does this invalidate anything?
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While notice is usually longer than that, motions to reconsider are not generally allowed nor granted. Family matter rules allow for such motions, but general civil matters usually do not.
Each county has their own rules, but I suggest emailing the judges secretary, copying defendant so that it is not ex parte, and request a continuance due to the facts you mentioned.
I trust this answers your question, and if you are in the Delaware Valley, feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Nov 11th, 2021 at 10:13 AM