Answer and Counterclaim

You would file a motion for extension of time and an Answer and Counterclaims by taking them to the clerks office in the county where the action was filed. You should submit an order extending time with your motion.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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How do I file a Motion for Extionsion of Time to File and Answer and Counterclaim and do I need to have a prepared Order for the Presiding Judge to sign?


This response is useful, however, I have 2 followup questions:

  1. Is the Motion for Extension to Answer automatically granted?
  2. If I would like to maximize the time required to file my answer and complaint, do I need to wait near the end of the initial 30-day response period? In other words, does the 30 Day extension begin at the end of the automatic 30 Day response period, or does it begin on the day the request for extension was filed?

Thank you!

As a followup to my followup, I should say that the Complaint is for temporary and permanent child custoday and temporary and permanent PSS support and alimony and was filed in Orange County.

My question stems from the fact that I was served with a Calendar Request and Notice of Hearing and the calendar call is only 21 days after the complaint was served.

Normally yes, all the Defendant need ask for is an extension based on a need for further time to answer. The request may be made up to the 30th day, however the 30 day extension is granted from the date of service for a maxim of 60 days to respond from the date of service.