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Old 10-22-2012, 04:31 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Nadia View Post
In respect to negative advocacy, I think there is no excuse for not filing materials in line with the Family Law Rules. Pretending that you did not get the materials might get you off once, but if you are repeating the same excuse over and over again, then it could be seen as a delay tactic. Or worse.
You could have and should have asked for costs to be held (or determined) for the CC appearance based on the fact that the other party filed NOTHING in accordance with the Rules. You could have and should have requested that an endorsement setting out the "facts" as to why the materials as required under the Family Law Rules were not served. A good judge would have documented every excuse given and made an order for disclosure on the missing materials. Not necessarily the CC Brief but, Financial Statement and other technical disclosure requests made prior to the CC.

A tip for you when going before the court on the next appearance to consider requesting. The best way the court to document bad faith conduct is in endorsements that can relied upon later on a costs award decision.