Legal Question in Family Law in Illinois

late filing
Dear guru:

I am a non-attorney, pro se respondent in a domestic violence case. I have filed two post-judgment motions (one for s. 226 untrue statements and another for reconsideration/clarification). Opposing counsel moved to strike these motions, and I intended to reply, bt I did not know there were time constraints for filing. There was also a problem because opposing counsel, in his notice of hearing, stated that he put his reply in the mail on 10/23, but he did not; it was filed on 10/30 (so he lied), and I had to ask him for a copy of it.

His motion to strike is largely uniltelligible, and not only was I not expecting to receive these motions on 10/30, I had no idea that they would require so much work (he has transposed parties' names, has provided incorrect citations, etc.).

I would still like to reply, but I have been told (by an attorney) that I have missed the filing deadline, as well as the deadline to request an extension, by approximately 7 days. Can I still reply? If so, how do I go about it? Is it done by motion? What does the motion look like/contain/request? Do I need to consult with the judge or clerk about this? There is a hearing set for my above referenced motions on December 12.

Thank you.

Asked on 12/04/06, 8:53 am

Zedrick Braden III Ainsworth & Associates PC

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Re: late filing

Hello. You need the assistance of an attorney.

You are at a stage in your case which is very

tricky and which can be very risky. Be very

careful about filing motions. From your explana-

tion, in my opinion, you do have a chance of

getting your case turned around in your favor, but the motions necessary are very technical

and if there is a transcript of previous proceedings, you need it. Will be happy to answer any additional questions you may have.

Answered on 12/05/06, 2:40 am

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