Answers, amendments, and out of time pleadings...

[CJane]

What is the name of your state? MO *as if y'all didn't know.

Ok. So I filed my Amended Petition on 11/04 and mailed it to his attorney. I'm guessing he received it around the 15th as he was in China until the 12th.

They filed an answer on 12/04... I have a copy of this and I've posted about it before. He basically admitted to several of the charges but had a reason/excuse for his bad behavior and denied that he was in contempt.

I checked the court's site today and they've filed a 'First Amended Answer' to my Petition.

Here's what I can find re: answers and such in the rules of civil procedure...

RULE 55.01 PLEADING REQUIRED

There shall be a petition and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if leave is given to summon a person who was not an original party; and there shall be a third-party answer, if a third-party petition is served. A defense consisting of an affirmative avoidance to any matter alleged in a preceding pleading must be pleaded. No other pleading shall be required except as ordered by the court.

A pleading may be amended once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the pleading may be amended at any time within thirty days after it is served.

There is no responsive pleading to his Answer... what am I supposed to respond with? "Nuh UH!"? The action HAS BEEN placed upon the trial calendar... and is in fact set for hearing on Monday.

So can they Amend or not?

Otherwise, the pleading may be amended only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

How do I proceed? I haven't READ the amended pleading and won't til tonight (if I'm lucky) ... but I really doubt it helps me. Yanno?

Do I just object strenuously in court to it being admitted and take my chances? Ask for a continuance? What?

 

[escape2paradise]

A pleading may be amended once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the pleading may be amended at any time within thirty days after it is served.

It sounds to me like it is dependent upon the middle section highlighted above. The first part and the last part are both met, the question seems to be wether or not a responsive pleading is permitted. Do you know whether or not one is allowed in a contempt action? If one is not permitted and since you already have it scheduled, I would think that he can't amend.

 

[CJane]

It sounds to me like it is dependent upon the middle section highlighted above. The first part and the last part are both met, the question seems to be wether or not a responsive pleading is permitted. Do you know whether or not one is allowed in a contempt action? If one is not permitted and since you already have it scheduled, I would think that he can't amend.

That's what I don't know. I can find when one is REQUIRED, but not when one is PERMITTED.

And, I don't honestly know how much difference it makes anyway.

 

[LdiJ]

That's what I don't know. I can find when one is REQUIRED, but not when one is PERMITTED.

And, I don't honestly know how much difference it makes anyway.

Wait until you get it and read it, and then decide whether or not you need to take any action.

 

[CJane]

Wait until you get it and read it, and then decide whether or not you need to take any action.

WAIT? Clearly you have no idea of my need for instant information.

 

[TinkerBelleLuvr]

CJane, you are generation X - of course we understand the lack of patience.

 

[escape2paradise]

With any luck this version will dig him an even bigger hole.

CJ - I know how you feel, I to am impatient and want to know everything NOW! My bff calls me an info wh0re. If I don't know the answer I will dig/research until I find it. Any new life situation I am looking for books, internet info etc... I read everything I can get my hands on. I have 41 books checked out from the library right now, some I only scour others I read entirely. The more informed I am the less stress I feel. From what I read on here you too like to know what is up. Personally I don't get people who dont' care about all the details, especially in such important things such as custody! I guess we all cope differently!

 

[CJane]

With any luck this version will dig him an even bigger hole.

CJ - I know how you feel, I to am impatient and want to know everything NOW! My bff calls me an info wh0re. If I don't know the answer I will dig/research until I find it. Any new life situation I am looking for books, internet info etc... I read everything I can get my hands on. I have 41 books checked out from the library right now, some I only scour others I read entirely. The more informed I am the less stress I feel. From what I read on here you too like to know what is up. Personally I don't get people who dont' care about all the details, especially in such important things such as custody! I guess we all cope differently!

That's exactly it. If I don't KNOW something the second it happens, I feel like I don't know ANYTHING. Which is probably why I'm an attorney's nightmare and they're all secretly glad I'm going pro se.

 

[wileybunch]

WAIT? Clearly you have no idea of my need for instant information.

LOL! Ldij is "right", but I can see why you want to start on your fact finding now even if it ends up being a lot of wheel spinning.

 

[ezmarelda]

That's exactly it. If I don't KNOW something the second it happens, I feel like I don't know ANYTHING. Which is probably why I'm an attorney's nightmare and they're all secretly glad I'm going pro se.

They're all glad? What about SH's attorney?...somehow I don't think s/he is very glad

 

[seniorjudge]

What is the name of your state? MO *as if y'all didn't know.

Ok. So I filed my Amended Petition on 11/04 and mailed it to his attorney. I'm guessing he received it around the 15th as he was in China until the 12th.

They filed an answer on 12/04... I have a copy of this and I've posted about it before. He basically admitted to several of the charges but had a reason/excuse for his bad behavior and denied that he was in contempt.

I checked the court's site today and they've filed a 'First Amended Answer' to my Petition.

Here's what I can find re: answers and such in the rules of civil procedure...





There is no responsive pleading to his Answer... what am I supposed to respond with? "Nuh UH!"? The action HAS BEEN placed upon the trial calendar... and is in fact set for hearing on Monday.

So can they Amend or not?



How do I proceed? I haven't READ the amended pleading and won't til tonight (if I'm lucky) ... but I really doubt it helps me. Yanno?

Do I just object strenuously in court to it being admitted and take my chances? Ask for a continuance? What?

The judge is going to let those pleadings in.

I'd do it if it were me.

That's just trial practice ... good, bad, or indifferent, that's the way it is.

 

[CJane]

The judge is going to let those pleadings in.

I'd do it if it were me.

That's just trial practice ... good, bad, or indifferent, that's the way it is.

Turns out I'm ok with that. Because ya know, I know you care.

So far, all I can find in the amended pleading that is different is one word... they corrected a typo. Granted, there may be more changes, but that's really all I can find.

So lemme ask you all this... operating on the theory that if I can destroy his credibility on ONE front, it's destroyed on ALL fronts...

He claims in his answer that he left me off school enrollment forms because I didn't have a working phone and had failed to provide him w/my work number.

He also claimed when he called CPS on 07/27 that I hadn't had a working phone in months. And that I was UNEMPLOYED.

So, if school started 2 weeks after he told them I was unemployed and I have phone records showing calls to MINE and WILD'S phones throughout May, June and July... his credibility on THAT issue is shot, yes?

 

[Bloopy]

So lemme ask you all this... operating on the theory that if I can destroy his credibility on ONE front, it's destroyed on ALL fronts...

He claims in his answer that he left me off school enrollment forms because I didn't have a working phone and had failed to provide him w/my work number.

He also claimed when he called CPS on 07/27 that I hadn't had a working phone in months. And that I was UNEMPLOYED.

So, if school started 2 weeks after he told them I was unemployed and I have phone records showing calls to MINE and WILD'S phones throughout May, June and July... his credibility on THAT issue is shot, yes?

I don't think a judge will actually sing, "Liar, Liar. Pants on Fire!" but yes, Stupidhead has totally shot his credibility.

Do you have the phone records yet? Are you likely to have 'em on time?

 

[CJane]

I don't think a judge will actually sing, "Liar, Liar. Pants on Fire!" but yes, Stupidhead has totally shot his credibility.

Do you have the phone records yet? Are you likely to have 'em on time?

I do have them, in fact. All nicely highlighted and ready for presentation.

 

[casa]

Turns out I'm ok with that. Because ya know, I know you care.

So far, all I can find in the amended pleading that is different is one word... they corrected a typo. Granted, there may be more changes, but that's really all I can find.

So lemme ask you all this... operating on the theory that if I can destroy his credibility on ONE front, it's destroyed on ALL fronts...

He claims in his answer that he left me off school enrollment forms because I didn't have a working phone and had failed to provide him w/my work number.

He also claimed when he called CPS on 07/27 that I hadn't had a working phone in months. And that I was UNEMPLOYED.

So, if school started 2 weeks after he told them I was unemployed and I have phone records showing calls to MINE and WILD'S phones throughout May, June and July... his credibility on THAT issue is shot, yes?

Exactly. You be calm, you point out SH's "discrepencies" and then you hush up and do Lilith. (first one to argue wins).

You're gonna be Awesome!