With a SmartRules subscription, you will always be on top of the latest filing deadlines – however, sometimes being disorganized or over-extended can lead to a missed deadline. Now what? While the specific chain of events might vary slightly from jurisdiction to jurisdiction, the overall strategy to mitigate any further fines and losses, not to mention ill-will with your client, remains the same.
According to attorney Thomas Valkenet, in his blog piece, “What to Do If You Miss a Filing Deadline in Civil Court?“, the first plan of action is to immediately contact opposing counsel, explain the situation, and see if you can secure permission for a late filing. The odds may be slim yet, if you have not received a Notice of Default from the court, this is one possible path to resolution.
However, if you do receive a Notice of Default from the court, your next step is more complicated and very important. “You have thirty days to file something, in writing, that explains why you missed the deadline. You should also file your answer, or hire a lawyer, at this point. The most important part of your motion to vacate the order of default is a brief statement of your substantive defenses to the claims,” Valkenet writes.
If you miss this next deadline, the plot thickens – to read Attorney Thomas Valkenet’s blog, visit What to Do If You Miss a Filing Deadline in Civil Court?