Legal Question in Family Law in Maryland
Is Answer to Motion Time Barred?
A Motion was properly served via hand delivery, in state, to Defendant. The Defendant filed an answer after 30 days (40 to be exact). The opposing attorney had asked me for an extension and I said no, my scheduling wouldn't allow it. I'm Pro Se and think I've got this right ...that I should file a motion to have the answer disallowed. Any thoughts on the legal sighting or motion structure? This is stressful so thanks in advance.
2 Answers from Attorneys
Re: Is Answer to Motion Time Barred?
Generally such strict adherence is not practiced in custody cases. In order to have the answer barred you will need to show that its admission would be excessive, abusive or otherwise perpetuates an uneven advantage. More appropriate remedy could be sought instead of having the answer excluded. Even if the answer is excluded an alternate process could be applied such as a counter-claim and this would be permitted up to 15 days before trial.
Re: Is Answer to Motion Time Barred?
Was it a Motion or a Complaint? If it was a motion, the time for a response is 15 days - 30 for a complaint for an in-state defendant.
What ultimately happens is dependent upon the subject of your motion. Generally in family law cases, substance takes priority over form in that the merits of the case are paramount and minor flaws in the pleadings are less of an issue. It is noteworthy that the defendant is represented and you are not. As an example, in custody cases, even if the defendant is in default, he/she will still be heard at any hearings held on the matter due to the critical nature of custody cases.
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