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Old 03-19-2013, 12:43 AM
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Default A final guide: Organizing your continuing record

Ok so people have asked me for this information and I share here as a discussion on this topic.
Lets not talk about other issues here simply how to organize your continuing record.
See my guide attached if you like what I've written then please add to my reputation.


Thats it for now.
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File Type: txt Organizing your continuing record.txt (3.9 KB, 181 views)

Last edited by involveddad75; 03-19-2013 at 12:50 AM. Reason: format
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Old 03-19-2013, 10:24 AM
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I'd also add back up your data.....
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Old 03-19-2013, 11:02 AM
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Quote:
Originally Posted by oink View Post
(2) Is it possible to add exhibits to already submitted court filed papers that has one exhibit in it?
No it is not oink. You can do one of two things. Keep a list/table of exhibits you've already entered under what affidavit/motion/tab etc. You can then cross reference back to that exhibit in later documents. Judges might not like to have to thumb backwards though. A better way about it (and I saw my lawyer do this) is put in the document as a new exhibit with the added documentation. Even though you're not supposed to put in exhibits already in the continueing record I think it is overlooked to save time in whatever motion is at hand.

As well you can have a number of different documents as a single exhibit. You'd have a blank paper listed as exhibit "A" with several medical records for example. You could list the documents on the first page so the judge knows what he is looking at. Only the First page would need to be notorized as well saving time.

Last edited by limer; 03-19-2013 at 11:04 AM.
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Old 03-19-2013, 11:10 AM
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Court is like poker, don't tell the other side what you have until you have to.
Keep your cards close.
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Old 03-19-2013, 11:12 AM
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Quote:
Originally Posted by oink View Post
I do however have some "new exhibits", which will further add credit to my stance, and will just like to know when next I can get a chance to hand them all into the continued record?
The case conference is without prejudice. You WILL NOT enter any evidence at a conference. Hence, unless there are orders on consent at the conference, the Conference documentation doesn't for part of the contueing record. You will use your evidence in motions to support your position of your motion/pleading. Don't forget you don't know what is going to come out of the mouths of the "other side". People/lawyers aren't always honest and frank in the courts.

Short answer: to get your evidence into the continueing record, you have to first file for a motion. What would be the purpose of entering evidence where not motion is at hand?

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Old 03-19-2013, 11:48 AM
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Quote:
The case conference is without prejudice.
This is not correct. Only the settlement conference is without prejudice.

Settlement discussions at the case conference should not be brought up later, however.

Quote:
CONFIDENTIALITY OF SETTLEMENT CONFERENCE

(23) No brief or evidence prepared for a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,
(a) an agreement reached at a settlement conference; or
(b) an order. O. Reg. 114/99, r. 17 (23).
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Old 03-19-2013, 11:54 AM
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The case conference brief would form part of the continueing record only if orders are made on consent. That is my understanding anyways.... Family Law Rule

(22) Case conference briefs do not form part of the continuing record unless the court orders otherwise and shall be returned at the end of the conference to the parties who filed them or be destroyed by court staff immediately after the conference. O. Reg. 89/04, s. 8 (5).

That was my overall point with not putting in evidence within a Case Conference brief.

Last edited by limer; 03-19-2013 at 11:57 AM.
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Old 04-02-2013, 11:14 PM
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Default A final guide: Organizing your continuing record

what gives what's the big secret on making a Trial Record...if you know a little or a lot please add to this thread. Thank-you

1) Cover sheet....Index

(Tab)? any colour? 3 hole ..or no tab?

2)Application...the original one...even with all the attachments?

(Tab)?

3)Reply....same thing do you just copy it all and include it

(Tab)?

4) agreed facts....is that based on expired Admit Form 22...or affidavit of doc's or both?

(Tab)?

5) Updated financial statement.....do you do a form 13 and file it here does 6b go in here too?

Back sheet....any specific colour....


I asked for a written opening statement...where does that go...do I make an affidavit and include it somewhere in the index?

book of authorities...book of evidence....where do these things go...do you just bring them to court?.
How about questions for ex ..do you have to show anyone the questions?

No I don't want to waste 10-20 thousand dollars on a lawyer to file forms....I'll pay the ex the cash if I lose at least some will go to the kids not the lawyers Porsche
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Old 04-03-2013, 11:06 AM
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To add evidence prior to trial where it is not already in the contueing record I believe you would serve it to the other party using the Request to Admit form. This gives the other party a short period to respond to the new evidence.

Book of Authorities or Book of Evidence: Just assemble as a different package that is tabbed/indexed.
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Old 04-03-2013, 09:29 PM
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I went to a TMC and did that form they hand you to define what you want to do for trial...some kind of endorsement form...anyways ...one question was to amend pleadings...I checked of "yes" (it had been so long new stuff came up) anyways when I went into TMC 20 minutes later...it was ignored about changing or amending pleadings....I should of spoke up about it....if you say nothing the Judge whisks along checking his own boxes and your stuck with your original "motion" that is probably outdated with the issues. Now I got too many old issues and not enough new issues....Second thing I read some CANII Law about Trial Records found a case where both parties did not file a Trial Record and the Judge with the parties agreement used the Continuing Record stuff....lol......which makes sense in the first place everything's there!
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