My dad has filed civil complaint pro se, the attorney for the defendant called & asked him for an extension to file the answer. My dad said he'd get back to him & asked me what I thought. I told my dad it doesn't seem wise to allow an extension cuz it only helps the defendant or it could be a trick of some kind. I'm guessing the judge would have to approve an extension if the defendant's attorney requested one I don' t think it's really up to my dad. My dad wasn't sure if he needed to appear or file anything either way to allow or request that an extension not be allowed. And if he doesn't have to appear how he would be notified that an extension had been granted. His case is in King County Superior court. Next week we will find my dad attorney but we should give defendants attorney answer
Unless your father is filing an unlawful detainer (eviction) complaint, all the defendant's attorney has to do is to file a notice of appearance and get at least another two weeks.
In WA, once a defendant has appeared, a plaintiff would need to file a motion in order to obtain a default judgment. Given the court rules, the plaintiff would need about two weeks to have the hearing for the default motion. If the defendant files an answer before the hearing, the court is not going to grant the motion for default.
Moreover, if the attorney does not have the time to determine whether your father's allegations in the complaint are true or false, the attorney likely can properly just deny the allegations.
What your father should do is review the specific facts with his attorney. Many attorneys may be reluctant to accept a case that is already filed by a pro se plaintiff since the attorneys do not want to deal with the hassles of the mistakes made by the plaintiff.
It is not uncommon for the parties to agree on an extension of time to file an answer. The opposing party may also file a motion with the court for an extension if the other side does not agree.
I agree with my fellow lawyer. Granting the opposing side more time to respond is a common courtesy. I doubt doing so will bring any harm to your father's case. Some jurisdictions have so-called "fast track" scheduling which requires the litigants to move the case along. If you grant the extension confirm the dates, conditions, etc in a letter to the attorney inviting him to immediately respond if anything in your confirming letter is contrary to what was agreed upon. Good luck.
