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What rule of civil procedure either violated or not followed?

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Mtbb

Junior Member
What is the name of your state? AL
An attorney said in his Certificate of Service that he sent me a motion to intervene on 2/9/06. But, the postmark on the envelope states it was mailed February 13, 2006. Further, the court has scheduled a hearing for March 10 when I haven't even had the opportunity to respond with my objection to the Motion to Intervene! Where'd my 30 days to respond go? What kind of hanky-panky is going on here? I want to write a motion to not only object to the intervention, but, to object to the hearing itself. What is the violation that the attorney violated and what is the one the court violated? Thank you gentlefolk.
 


badapple40

Senior Member
The attorney could have given it to his secretary to mail, could have dropped it in the mail, and the post office processed it a couple days late.

The 3 days don't matter.

As for the 30 days to respond, file a motion to continue it the hearing. Does it really take that much time to draft a response to a motion to intervene?
 

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