I missed deadline to file answer, what now?

[UserABC]

I have an Illinois Post-Decree divorce case (this is a different case from my other recent post).

My ex brought two motions (motion 1 and motion 2) in front of the judge, who gave me 28 days to file an answer and set a hearing and status data a week from Thursday. I now don't have money to hire an attorney so needed to file a Pro Se response. The forms and entire process overwhelmed me a bit and I ended up missing the deadline of 11/29. On 11/30 I filed an answer to Motion 1 and it was accepted. On 12/2 I filed an answer to Motion 2, Proof of Service for Motion 1 and Proof of Service for Motion 2, and I mailed all of the completed documents to the opposing counsel. Those three documents were rejected and I was told I have to file a pro se appearance. Today I filed the appearance and resubmitted the other three forms unchanged.

Since I missed the deadline to answer, if my wife's attorney were to agree to an extension and accept the answers, do I need to file anything with the court? If she does not agree, is there something I should file to request an extension from the judge and ask her to give me the few extra days I took to file the answer because I cannot afford an attorney now and I got confused on what needed to be submitted (I know those things were all my fault)? Should I have requested the extension prior to filing the answers or was it better to just get them filed?

 

[quincy]

I have an Illinois Post-Decree divorce case (this is a different case from my other recent post).

My ex brought two motions (motion 1 and motion 2) in front of the judge, who gave me 28 days to file an answer and set a hearing and status data a week from Thursday. I now don't have money to hire an attorney so needed to file a Pro Se response. The forms and entire process overwhelmed me a bit and I ended up missing the deadline of 11/29. On 11/30 I filed an answer to Motion 1 and it was accepted. On 12/2 I filed an answer to Motion 2, Proof of Service for Motion 1 and Proof of Service for Motion 2, and I mailed all of the completed documents to the opposing counsel. Those three documents were rejected and I was told I have to file a pro se appearance. Today I filed the appearance and resubmitted the other three forms unchanged.

Since I missed the deadline to answer, if my wife's attorney were to agree to an extension and accept the answers, do I need to file anything with the court? If she does not agree, is there something I should file to request an extension from the judge and ask her to give me the few extra days I took to file the answer because I cannot afford an attorney now and I got confused on what needed to be submitted (I know those things were all my fault)? Should I have requested the extension prior to filing the answers or was it better to just get them filed?

If you did not file for an extension prior to the deadline, you need to file a motion to request an extension. If the other party agrees to the extension, however, your wife's attorney can inform the court.

Following are links, the first to Rule 6 of the Federal Rules of Civil Procedure (see "b") and the second to the Illinois Civil Practice Manual for lawyers (which you should read through and understand if you must handle this legal action on your own):

Rule 6: https://www.law.cornell.edu/rules/frcp/rule_6

Civil Practice Manual: https://www.illinoislegalaid.org/legal-information/civil-practice-lawyer-manual

It is easy to get confused by court rules and procedures so you are not alone in your struggles. Good luck.


Other recent UserABC thread with similar procedural question: https://forum.freeadvice.com/civil-litigation-46/served-incomplete-complaint-630220.html