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Filing and Serving Position Statement

  • C. J.
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21 Aug 12 #350914 by C. J.
Topic started by C. J.
Hi All,

My fiance has completed a position statement in light of Directions hearing in 3 weeks time.

The judge did not request that statements are filed and served for this hearing but because there have been lots of issues since the last hearing 4 months ago we thought it would be best to create one to update the judge on what has happened since.

Is there a specific time in which a position statement needs to be filed like 7 days prior to the hearing perhaps?

I know in the past judges have been known to suggest filing and serving 48 hours before a hearing in some cases but in this one the ex doesn''t know we''ve written one.

Could she complain about this if she believes she has not had enough time to do one herself once she receives my fiances?

  • zonked
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21 Aug 12 #350915 by zonked
Reply from zonked
I would say at least a couple of days would be reasonable, there''s no real advantage in delaying service. You also need to file a copy with the court...followed by a phone call to the clerk to make sure they''ve got it and put it on the court file (you dont want it stuck in a filing tray for a couple of weeks)

  • C. J.
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21 Aug 12 #350917 by C. J.
Reply from C. J.
Thanks Zonked. Yes he''s got the copy for the court ready too. We just didn''t want the ex moaning that she hasn''t had chance to write one as well.

When the judge rquested statements for a hearing last year they had to be filed and served 7 working days prior to the hearing so we didn''t know whether to stick to this as a time frame to issue this one.

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