Pro Se - Did not receive extension


#1

On the 30th day after my complaint and summons were served my ex went to the Clerk to request an extension. I found this out because I called to ask. However, I still have not received this motion 8 days later. Is a motion for extension of time valid if the Plaintiff doesn’t receive it served to them? Can I calendar? What are the chances the judge will allow it to proceed if I do calendar?


#2

All motions filed with the court are supposed to be served on the opposing party. Apparently, your spouse did not serve you with the motion by mailing or faxing it.

The motion and order to extend time is likely still valid even though you did not receive it. If you scheduled a hearing date and did not know about the motion and order to extend time, it would be up to the judge about whether or not to proceed. A judge would likely want to wait to proceed until the time for the extension is up.