Thread: The Process
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Old 06-12-2017, 11:52 AM
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the process following a motion to change
Moving party bring motions (draft, issue, serve, file).
Responding party responds, possibly with cross-motion (draft, serve, file).
Moving party may want to prepare a reply affidavit (draft, serve, file).

First step may be a first appearance (used to set a case conference date) or a case conference, depending on jurisdiction.

Prior to the case conference, each party needs to file updated financial disclosure, certificate of financial disclosure and case conference brief.

If the case does not settle at the case conference, case management should decide the next step. This may be:
- interim motion;
- settlement conference; or
- set down for final motion

If interim motion, generally a settlement conference will follow.

The settlement conference may be set if the issues cannot be fully canvassed at the case conference (for example, if there is outstanding disclosure), if the situation is evolving (for example, if it has changed following interim motions or OCL appointment), or if the case is more complicated.

An example of a case that is more complicated is a mobility case when the parties exercise equal access to the child(ren). In such a situation, a party may want the issue determined by a trial rather than motion so they can cross-examine the opposing party.
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