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Question
Posted by: Anonymous | 2010/05/10

POST 126 DIVORCE

Hi
Notice of bar was served. Response received 15 days after bar instead of within the 10 days.
My question is that the reply to my claim was sent 2 me but this is not filed in court although I received this 7 weeks ago.
Do I sit and wait until the other party decides 2 file or can I ask for the date for setdown or do I need to file this in court.....

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Our expert says:
Expert ImageFamily law expert

Technicaly speaking the other party did not comply with the provisions of Rule 36. You will be able to approach the Court either with an application to force the other party to comply or to enroll the matter in terms of Rule 30. I would however if I was you contact an Attorney, and file an application that the other party comply fully with the Rule, in doing so you will be awarded costs, which might prompt a settlement.

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Our users say:
Posted by: family law expert | 2010/05/10

Technicaly speaking the other party did not comply with the provisions of Rule 36. You will be able to approach the Court either with an application to force the other party to comply or to enroll the matter in terms of Rule 30. I would however if I was you contact an Attorney, and file an application that the other party comply fully with the Rule, in doing so you will be awarded costs, which might prompt a settlement.

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