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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 06-30-2015, 02:01 PM
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Default Case Conference - Motion to Change

Do I need to schedule a case conference before filing a motion.

Motion paperwork has a check mark stating the following

"A notice of a case conference is served with this notice to change an order"

I have had a case conference in the past and we have a court file number so I'm not sure if it's required.

Thanks
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Old 06-30-2015, 03:57 PM
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Originally Posted by FB_ View Post
Do I need to schedule a case conference before filing a motion.

Motion paperwork has a check mark stating the following

"A notice of a case conference is served with this notice to change an order"

I have had a case conference in the past and we have a court file number so I'm not sure if it's required.

Thanks
Yes. You need to attend a Case Conference before bringing a motion. Unless the matter is urgent.

See Rule 14.(4) NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED (Family Law Rules)

http://www.ontario.ca/laws/regulation/990114

It depends on if your case is still "open". You should ask the clerk if the matter is still open and if you can bring a motion still. Generally though if you are bringing a new matter on motion they will want a case conference. Especially if the file has been dormant for a while.

No reason you should not go to a case conference first though. Any opportunity to go before a judge to settle a matter is a good thing generally.

Good Luck!
Tayken
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Old 06-30-2015, 04:03 PM
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Originally Posted by Tayken View Post
Yes. You need to attend a Case Conference before bringing a motion. Unless the matter is urgent.

See Rule 14.(4) NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED (Family Law Rules)

http://www.ontario.ca/laws/regulation/990114

It depends on if your case is still "open". You should ask the clerk if the matter is still open and if you can bring a motion still. Generally though if you are bringing a new matter on motion they will want a case conference. Especially if the file has been dormant for a while.

No reason you should not go to a case conference first though. Any opportunity to go before a judge to settle a matter is a good thing generally.

Good Luck!
Tayken
Thanks... Problem is Case Conferences are scheduling for Oct and I could have a short motion in weeks.

I'll have to inquire if it's still open.

Last activity on the file would have been May 2013...

Hypothetically speaking what would happen if I filed all the paperwork under the assumption the previous case conference was enough... Do they review the paperwork before I submit it.

Thanks.

I have asked my lawyer what he would charge me to review my paperwork and if the case conference would be required. I'll let you know if and when he responds.
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