Rule 3 of the Family Law Rules governs time for serving documents.

1. How do we count days?

When counting the days between two events for the purpose of serving or filing your documents, counting begins on the day after the first event has happened, and the final day to count is the day when the second event happens. For example if you have to serve 6 days before your court date which is next Wednesday, you would have to serve on Tuesday this week. Wednesday is the day after the first event (serving), the first day counted, and the following Wednesday is the second event (court date), the last day counted.

2. How does counting days change for short periods less than 7 days?

If you have less than 7 days to serve or file your documents, Saturdays, Sundays, and holidays when all court offices are closed must be excluded when counting days, as they are not considered part of the time period. 

3. How to handle if the deadline falls on a day when the courthouse is closed?

If the final day to serve or file your documents falls on a weekend, holiday, or any other day when the courthouse is closed, the deadline is extended to the day when the courthouse opens. Ex. If January 3rd is a day when the courthouse is closed then January 4th is the new deadline if the courthouse opens that day.

4. Can parties agree to a different timeline? If yes, under what rule?

Parties have the option to agree to a different timeline. Rule 3 gives judges the power to extend the time you have to serve and file family documents. To create this change, both parties must provide written consent by submitting a consent motion to change the existing arrangement. This motion should include details about the current arrangement and the proposed changes agreed upon by both parties. Additionally, both parties are required to sign the form to finalize their agreement and submit it to the court. 

5. What happens if I need more time to serve my documents?

You can do a motion to ask the judge for more time as long as you have some sort of reasonable explanation for the delay and agree to a reasonable timeline. You also can ask other party for more time. This is called asking for “consent for late filing”. You send them a form they sign to agree to extend the time. This form is filed along with your documents when you file them with the courthouse.

6. Under what two circumstances can the court office refuse your documents?

Court offices can refuse your documents if they are submitted late of the ordered time or if the person files a document after the time agreed upon by all persons involved.