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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 12-30-2008, 05:08 PM
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Default Form 14C - How Do You Fill It Out?

I am stumped by the Confirmation of Attendance - Form 14C.

More precisely...


How do you go about contacting the opposing lawyer to confirm the matters below?
  • The matters going ahead (all issues, certain issues, consent, adjournment) ???
  • The pages/tabs of the continuing record that the judge should read ???
  • The total time estimate for each party ???
  • The name of the case management judge for this case ???
How would you know the answers to the questions above?

I can't believe how complicated this is. If there are any veteran Form 14C completers out there, I would greatly appreciate your help!

Thanks!

Note: We don't particularly want to contact the opposing lawyer as he has been nothing but condescending and intimidating, and even threatened to sue because we filed a form against him when he had not provided us or the court with the necessary documents on time.
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Old 12-30-2008, 07:14 PM
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Since I represent myself, I faxed and mailed the same letter to my ex's lawyer regarding the matters at hand from my motion. Since I did not receive a timely response prior to the required date that I fax form 14C to the courthouse, I simply stated that I would be going forward on all items since it was MY motion to begin with. If they had made any kind of offer of settlement prior to that date, than any settled matters I would have removed from the motion. I did not reference any tabs in the continuing record since for my case, all I had thus far was the original application to start the case, the affidavit, the motion, the motion affidavit, any exhibits submitted with the motion and the affidavits from serving the documents on the ex/his lawyer. I did not list a time estimate either and no case management judge since I didn't even know the name of the judge that we had the first court date with as it was just a 10 minute thing that was adjourned. Hope that helps a bit
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Old 12-31-2008, 09:34 AM
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So is the judge that you had the very first time in court the one who will rule your case in future court dates? I didn't know that, although I hoped this were the case. Can anyone confirm if this is indeed correct?
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Old 12-31-2008, 09:50 AM
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Somtimes judges will "seize" him/herself of the file and they will be the one who hears future case/settlement/trial management conferences. But once a judge hears one of those conferences, they cannot rule on a motion or be the trial judge.

That happened at one of our settlement conferences, and the same judge heard the next settlement conference. But then at our trial management conference there was a scheduling mix up and another judge heard that one.
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Old 12-31-2008, 11:47 AM
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In my case I have had the same judge the entire time, but she let me know that she would not be the judge for the settlement conference in Feb, but if I request a trial date, then it will be her again.
Where the family court is in the area that I live is quite small which increases the chances of getting the same judge for most things. In fact, the judge that I have for the case is the same judge who sentenced my ex's spouse for assault with a weapon when she harmed my youngest child.
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Old 12-31-2008, 08:36 PM
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Quote:
Originally Posted by Kimberley View Post
In my case I have had the same judge the entire time, but she let me know that she would not be the judge for the settlement conference in Feb, but if I request a trial date, then it will be her again.
Where the family court is in the area that I live is quite small which increases the chances of getting the same judge for most things. In fact, the judge that I have for the case is the same judge who sentenced my ex's spouse for assault with a weapon when she harmed my youngest child.
So you probably only had motions and no case/settlement/trial management conferences with that judge, otherwise the judge wouldn't have been able to hear further motions or a trial.

That's interesting that the same judge was involved in a criminal matter with your family in addition to the family law matter, which is civil law - small area indeed.
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Old 01-01-2009, 12:12 PM
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I would not worry about this form too much. I have done a number of case conferences over the past 4 years and really do not see too much effort involved in these forms.

1. You will be going ahead on all issues
2. This will depend on your brief and areas of concern. I usually direct the judge to where I want to look during the conference. So blank is fine at this point.
3. If you are in Toronto like myself then 1 hr. is the max and put down 1/2 hr.
4. You will not know who the judge is until just prior to the conference not an issue and leave blank.

Submit this to the courts 2 days prior usually by fax and then fax another copy to the opposing party's solicitor.
I usually like to wait until that morning and then send an email to the opposing side and let them know you have not received their copy and to please explain. Mind you that is only if they do not provide you with one. These conferences are really laid back and nothing really to worry about. Just remember if the other side is represented then they will be expending big bucks on this and you are not. The judge will have a tendency to look after you in these proceedings. I hope that this helps.
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Old 01-02-2009, 01:34 PM
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Thanks SelfRep. The part about the judge having the tendency to look after us helps a lot. The opposing lawyer is doing everything he can to intimidate us into not going forward with the case conference. We simply can't believe my stepson's mom is willing to spend thousands of dollars on this lawyer threatening us, when the "fight" is only over a couple of hundreds. Talk about priorities!

So let me see if I got this straight...

- Going ahead on all matters
- Direct the judge to the Conference Brief (most accurate and detailed account of matters at stake)
- Put down 30min. for us, and 30min for the other party (total 1hr)
- This case conference judge will be different from our past case conference judge

Thanks again everyone for your help!
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Old 01-02-2009, 01:50 PM
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Oh, one more thing!

"Going ahead on all issues" - Does that mean all issues from the original motion or from the case conference brief?

If this entails the issues of the motion, and if some of those issues have been agreed to (in the responding party's response), do we then go forward "only on the following issues" as in the issues that have not been resolved?

Last edited by #1StepMom; 01-02-2009 at 01:52 PM.
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Old 01-02-2009, 04:39 PM
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Correct, the purpose of your motion is to try & settle all of the matters you originally listed, so if some of the items have already been settled, there is no reason to have your court time wasted covering something that no longer needs to be covered. I believe (and I'd have to get off my tooshie to go look) there is a section that asks if some matters have been settled?
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