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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 01-12-2016, 12:29 PM
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Default Evidence material for a motion

So i got a motion scheduled for next month. I will be served with a motion.
What evidence are used in a motion, from my knowledge affidavits, pictures
Can voice and video recordings be used?
Is this the time to bring the log of activities in regards to parenting?
Thanks
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Old 01-12-2016, 01:45 PM
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Quote:
What evidence are used in a motion?
EVIDENCE ON A MOTION

(17) Evidence on a motion may be given by any one or more of the following methods:

1. An affidavit or other admissible evidence in writing.

2. A transcript of the questions and answers on a questioning under rule 20.

3. With the court’s permission, oral evidence.

Citation: CanLII - Family Law Rules, O Reg 114/99

Quote:
Can voice and video recordings be used?
No; you would need a certified transcript. Or an admission as to the contents.

Quote:
Is this the time to bring the log of activities in regards to parenting?
Maybe; it depends what your motion is for and what is contained in the logs.
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Old 01-12-2016, 09:15 PM
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Originally Posted by abuseddad View Post
So i got a motion scheduled for next month. I will be served with a motion.
What evidence are used in a motion, from my knowledge affidavits, pictures
Can voice and video recordings be used?
Is this the time to bring the log of activities in regards to parenting?
Thanks
Ordinarily, document evidence is the only thing allowed to be attached to an Affidavit. For example, pictures, letters, doctor notes, etc.

When attaching them, be sure in the content of the Affidavit to state:

Attached a Exhibit A is a copy of "whatever". Whatever is the document.

And so forth for the other Exhibits as well.

Regarding the recording, what you may wish to try and see if you get away with it, is this.

Put the recording on a CD. Attach the CD, in a plastic sleeve, to a piece of paper. Make that an Exhibit. Those kind of CD sleeves should be available at Dollarama.

The Court staff might accept it, or might say no, you've gotta get rid of this. Its worth a shot anyway.

So one of the paragraphs of your Affidavit would say:

Attached as Exhibit B is a 2 minutes recording made on 1 November 2015 between myself and the Respondent where she clearly says to me I can have little Bobby every weekend from Saturday morning to Sunday evening.
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