I Missed My Court Deadline. What Do I Do?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

‘At the last status conference hearing the judge ordered the opening brief to be filed by 7/21 – the respondents brief by 8/18 etc., and for me to notify the other parties. Somehow I mistakenly noted Aug 21st, and so on. While finishing my brief I went on-line to verify court information and discovered my error. So, at the present time, my brief is now some 20 days late. I haven’t received anything from the court and discovered my error by chance. Now my concern is – IS THERE ANYTHING THAT I CAN DO OR AM I SCREWED – will my case simply be dismissed??? What can/should I do? I don’t know if it helps but one of the parties has not ever responded, even after being served several times. The brief is on the merits of the case (superior court).’

Question: You should contact the Clerk of Court immediately and determine what you need to do. It may be that you can get an continuance for the next upcoming court date, and an extension of time within which to file your brief.