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I declare under penalty of perjury that the foregoing is true and correct. Declaration that Party was Unable to.) File in a Timely Manner. Declaration That Party Was Unable To File In A Timely Manner {4}. Declaration That Party Was Unable To File In A Timely Manner Due To Technical Difficulties Form. A party who seeks relief under subdivision (d) may seek an order deferring the time to respond to the summary-judgment motion. The circuit court's order granting or refusing the application, in whole or in part, is a final order for purposes of Rule . The phrase "final appellate. PART II RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS. Failure to file an opposition or response within 14 days after the motion is served may result in the requested relief being granted.