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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 07-26-2006, 10:50 AM
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have my motion date, served my exes lawyer now what......how long til they reply or do they have to
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Old 07-26-2006, 11:01 AM
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littleman,

they have to serve upon you an updated financial statement at least 7 days before the motion and also they have to serve you their affidavit material at least four days before the held conference.

When you receive their affidavit material, you can also serve and file an Reply affidavit, if their affidavit brings up an issue not covered by your originating affidavit. In your Reply affidavit, you cannot bring up new issues. The Judge would ignore or strike the paragraphs.

You could write a Factum or summary of argument. Some samples of factums can be found here to give you an idea of what they are about. Excerpts of the applicable law is interwoven into the argument with supporting case law. A family law Factum cannot exceed 20 pages.
Double spaced lines and wide margins are appropriate

http://www.usask.ca/nativelaw/factum...php?search=all

lv
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Old 07-26-2006, 11:41 AM
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if they bring something up that is not mentioned in orginal affadavit then I can reply or refute it? thats the way I am understanding what you wrote.....I made sure everything I wanted to be reviewed by a judge was in my orginal that I sent
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Old 07-26-2006, 01:23 PM
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Hi littleman,

LV said:

Quote:
..you can also serve and file an Reply affidavit, if their affidavit brings up an issue not covered by your originating affidavit.
Your understanding is correct. You may serve and file a responding affidavit to the other side's responding materials 2 days before the motion before 2:00 p.m. If the other side's responding materials are too voluminous, you may ask for an adjournment so that you may properly respond to the new issues brought up by the other side, but that depends on how much you want your motion to go ahead.

Lindsay
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Old 07-27-2006, 12:09 PM
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would it be normal for the respondant to make a reply so thick that I would have to postpone........my original motion date was in august but considering hisa lawyer has no availability then I had to get new date
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Old 07-27-2006, 12:59 PM
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littleman,

It happens.. you could get a five inch thick resonding affidavit. It depends on the issues at hand and whether there are any other issues respondent may bring up that are relevant to the case.

If you really want the motion to go ahead, I suggest you be prepared for a large responding affidavit and get ready to review the entire thing and prepare a reply. Hopefully though, the responding party won't bring up any new issues.

Lindsay
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