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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 06-09-2011, 04:46 PM
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Default Evidence and Continuing Record

So I have been dragged back to court.
Around 7-8 months after settlement of the original application for custody/access.

It looks like trial is on the horizon, and I am SRL now as I was then.

So my question is:
How does it work now? Are all the affadavits, evidence, etc. from the first time around still in the continuing record? Or do I need to re-do a bunch of stuff I had submitted the first time around?

Can I refer to past Temp Orders from the first application, or anything at all?

It would be nice if I could just say "see tab 5 from CR of previous court proceedings"

Maybe I should also point out that her counsel is different this time from last - and this motion to change was filed in a different court jurasdiction then the original application.
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Old 06-09-2011, 10:05 PM
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Prepare a trial book that includes everything, but your factum should include only what you are asking for now. I just went to trial and the judge will only look at the factum in front of them...you can also include a supplementary factum afterwards...so send your factum asap so you can see what the other side has then you can included a supplementary factum.
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Old 06-10-2011, 05:01 AM
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yes. well I am currently clueless on the whole 'factum' angle.
I suppose I should investigate.
Anyoneone care to just explain it to me and save me the hassle?
lol
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