Judge Larry Primeaux's Blog about Practice in Mississippi's Chancery Courts.
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Re: requests for admissions timeliness
Could you please tell me whether you would consider the requests for admissions timely answered under the following circumstances:
The plaintiff, in a Divorce action filed a notice of service of requests for admission on January 11th. 2016. He sent them through the mail. We live in Jackson and as such may have received them shortly thereafter. I responded on February 16th. 2016, but also filed a motion for extension of time to respond, or in the alternative to amend. The plaintiff filed a motion to have the requests for admissions admitted and motion to strike, based on untimely responses, and motion for summary judgment. The requests for admissions were germane to grounds for divorce, adultery and habitual drunkard. Though I plan to file a motion to withdraw the admissions, my initial thought was that because he mailed them, I had 3 days extra, and counting from 12th January, the 30th day would have been February 13th, Saturday. In that case, I thought that I had till Tuesday to respond since Monday was President’s day, and as such serving them on the 16th, was timely. This is a bad position to be in so I figuring a way to to get myself out of the hole without having my client going into a panic mode. Thanks in advance.
I really hate to comment on a matter pending in another court, particularly when I haven’t heard from both sides. Sorry.
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