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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-04-2017, 01:11 PM
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Default Adding non-party evidence to family court file before case conference

Hi,

I recently signed up on this forum to see if anyone can give me advice on a procedural issue. Does anyone know if you are allowed to file an affidavit from a non-party supporting your position without asking for permission, as long as you serve first? I was served with a notice of motion to change and responded. Now there is new evidence from a non-party who would like to write an affidavit in my support, but I don't know the rules about filing this. I cannot find the information anywhere and the court clerk said she can't tell me. There is still 2 months until the case conference. If anyone has any advice on this it would be much appreciated.
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Old 09-04-2017, 01:39 PM
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I dont know if this would be considered evidence or not. You could refer to it in your filing and attach it as an exhibit but it would have to be serious evidence like from a medical doctor or the police or something like that.

Im not a lawyer though. In my experience the lawyer representing my partner has only attached things like bank statements or noas. Nothing else for case conferences.
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Old 09-04-2017, 02:19 PM
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I know I can't attach affidavits to my case conference brief, all affidavits are filed separately and stand on their own, but what I'm asking is if I can file a non-party affidavit at any time or if I need permission to do so?
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Old 09-05-2017, 08:17 AM
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Quote:
if you are allowed to file an affidavit from a non-party supporting your position without asking for permission, as long as you serve first?
Why would you want to do this before a case conference? The affidavit is likely only going matter at the motion.

Quote:
I can't attach affidavits to my case conference brief
Attach whatever you want to the case conference brief - that is what your judge or master should read at the conference.

However, an affidavit in your case conference brief does not stay in the court record; it will be returned to you (or shredded) after the case conference.
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Old 09-05-2017, 08:38 AM
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Ok, so I can save the "new" affidavit and file it before the motion? The main thing was to have it in the court file, but if it's better to wait until after the case conference I can do that. I'm just having a hard time not responding to the lies my ex is telling.
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Old 09-05-2017, 09:43 AM
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You dont need to respond to lies. State the facts. My partners ex had a 25 page "brief" with loads of bs in it. His response was three pages and it stated the facts. His lawyer said theres no need to respond to everything that was said ESPECIALLY when most of it they have failed to prove.
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