Since it is already Saturday, my advice doesn't matter as you are too late if you have not already filed. You questions can not be posted immediately and there is a time lag before any attorney sees it and can respond. If you must file 48 hours in advance, that means at least two full court days [so the other side can prepare, which it is assumed not to be able to do on non-work days]. ?So with an eviction set for Tuesday morning, you would have had to file before the clerk's office closed on Thursday. You apparently wanted to give the landlord's attorney the least amount of time so did not file within the 24 hours, but you got caught not knowing the law and thinking it out. ?If you could count the weekends, you would be able to personally serve the landlord's attorney on Saturday, when they probably would not be in their office, so obviously to be fair you can not count the weekend days as part of the 48 hours. Most courts hear such ex parte motions in the mornings, so following you scheme would have meant a hearing on Monday morning which would give the court only until the afternoon to issue a written order to the sheriff to halt the eviction. When you try to be unfair to the other side, often you burn yourself.
Answered on Feb 20th, 2017 at 7:12 AM