[WSBAPT] TEDRA Initial Hearing - Default on Counterclaim?

[Nicholas Pleasants]

Hi mates,
I know everyone loves TEDRA procedure questions. I’ve read RCW 11.96A.100 annotated a few times, and I feel stuck. Let’s suppose I am defending the PR as Respondent to a TEDRA Petition. Petitioner set an initial hearing on their petition. The Estate counterclaimed for declaratory judgment and attorney’s fees. Estate’s counterclaim was due 5 days before the initial hearing, and Petitioner’s Answer to the Counterclaim would have been due three days later, 2 days before the initial hearing. Now the Petitioner has struck its initial hearing and won’t answer the counterclaim. Can I note up a hearing on the Counterclaim? Can I ask the court to order there be an initial hearing sometime this century? Or, because the timing of the answer to the counterclaim revolves around the Petitioner’s Initial Hearing, am I stuck waiting indefinitely before I can force the Petitioner to answer the Counterclaim? Seems like a statutory mistake that all of the case deadlines revolve around an initial hearing that Petitioner apparently is free to just strike or re-note forever. Thanks for any help you can provide.
Best,
Nick

Nicholas Pleasants
Owner

[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
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