Legal Question in Family Law in California
I have an upcoming Manadatory Settlement Conference coming up and need to get my Brief in but I will be late turning it in. What happens if I am late turning it in?
I have requested the other party to agree to change the date so I could complete the brief on time even before the brief was due but they said no.
3 Answers from Attorneys
Nothing happens if you are late turning it in except that if it is so late that the judge or neutral doesn't have time to read it, you will waste a lot of time at the MSC going over things that should have been covered in writing ahead of time.
As an additional note, you cannot simply agree to continue a Mandatory Settlement Conference date. MSC and Trial dates are set by the court.
It depends on the judge. The court rules allow a judge to issue monetary sanctions for failure to timely file an MSC brief, or to fail to file one at all. Some judges are hard asses about it, and will issue sanctions. Many judges are nicer, and feel that issuing sanctions hinders settlement.