How long does the petitioner have to file an opposition to motion to dismiss? Everything seems to say within 14 days of return date. Is that the return date for the original complaint, or the dismissal hearing date? And how do I know if the court filed my dismissal. It was sent to the court clerk and petitioner, with affidavit of service, and received by the court on February 8th. Today is the 15th, and still haven't received anything. Was it filed on the 8th when it was received by the court... or is there something else I should be doing. (6th Judicial Circuit of NY)

Quote:

---

Originally Posted by Ssuess

How long does the petitioner have to file an opposition to motion to dismiss? Everything seems to say within 14 days of return date. Is that the return date for the original complaint, or the dismissal hearing date? And how do I know if the court filed my dismissal. It was sent to the court clerk and petitioner, with affidavit of service, and received by the court on February 8th. Today is the 15th, and still haven't received anything. Was it filed on the 8th when it was received by the court...or is there something else I should be doing. (6th Judicial Circuit of NY)

---

Without looking up the civil rules for that court, I would be fairly confident in saying that an opposition to a motion to dismiss should be answered in that many days of the date the motion was "returned", i.e.: when you said he you served the motion. Many court rules also allow an additional 3 days if the motion was served by mail.

You say it was received by the court on February 8th. Does that mean you sent it "return receipt requested"? Many courts have on-lines dockets available by which you could check if it was filed. Or you could simply call the clerk and ask when it was filed.

So if your affidavit of service indicates that you mailed a copy to the petitioner on, say, the 5th, the petitioner would have until the 20th (5 + 14 = 19, which is Sunday, so the next business day would be the 20th.) If, as I say, they get 3 more days because you mailed it, that would be (19 +3 = ) the 22nd.

Also, be aware that in most courts if the motion isn't granted immediately (Some courts just sit on a motion until it is brought up for hearing.), an opposition could be filed late and still considered. The strict time for opposing is only the minimum time in which a motion could be granted.

If you are so concerned about it, in the future I would suggest that you include a SASE, and an extra copy, with a letter requesting that the clerk mail you a file-stamped copy.

AK Lawyer, Thanks for your time and help I understand the "return" date now. I did send it return receipt, and also called and it was filed correctly, so now we just wait. However, now I'm confused on the number of days even more. I didn't think weekends and President's Day would be counted. I mailed it with Affidavit of Service on the 6th, and counted court business days, so came up with March 1st? I'm hoping she does Oppose, then maybe the court will find her a Vexatious Litigant for constantly filing her No Merit Violations.

Quote:

---

Originally Posted by Ssuess

... I didn't think weekends and President's Day would be counted. ...

---

Normally, they are unless the last day is on a weekend or holiday. So, 6+14+3 = 23, as I figure it.

Double-check your local rules to be sure, but that's normally how it's done.

Thank you, so much. :)