Motion papers - urgent

[Mr. ReadyNow]

We are getting ready to file our motion on an emergeny basis since we are moving soon and I need your help into filling them out and require your input on certain things.

1) how do you fill out notice of motion - you just state the facts and what you want the judge to do?

2) a general affidavit - can I say "by signing this affidavit I confirm that ......" or how do I need to word it. I will be putting somethig to the effect that I am dependent on my husband since i am disabled and the physician's certificate is subject to legal priviledge. Is that ok....I do not want his exwife to have access to the forms that my doctor's filled out since it has a lot of personal information concerning me in there.

3) what else do we need. I know we need forms 8E , form 13. financial statement since we are claiming undue hardship, form 14 -notice of motion and form 14A affidavit.

Do you have any tricks as to how this can be done quickly (meaning if we provide such and such in advance, or ???)

I appreciate all the help and thank you

[logicalvelocity]

Mr. ReadyNow,

as you mentioned,

1) how do you fill out notice of motion - you just state the facts and what you want the judge to do?

On the notice of motion page 2, is the place you list the orders the you want the court to consider. Once this is complete, take back to court house and get the court seal applied to same.

2) a general affidavit - can I say "by signing this affidavit I confirm that ......" or how do I need to word it. I will be putting something to the effect that I am dependent on my husband since i am disabled and the physician's certificate is subject to legal privilege. Is that ok....I do not want his ex wife to have access to the forms that my doctor's filled out since it has a lot of personal information concerning me in there.

Anything you enter on the affidavit would be taken as the truth. So if you say something to the effect - that you are certified disabled and state the reason for such. This should be sufficient. Generally statements at a motion are not subject to cross examination. Remember first point writing and leave out unnecessary details. Leave wide margins and double space lines. Number each paragraph in your affidavit.

For help in writing your affidavit see this post
http://www.ottawadivorce.com/forum/s...ight=affidavit

3) what else do we need. I know we need forms 8E , form 13. financial statement since we are claiming undue hardship, form 14 -notice of motion and form 14A affidavit.

I believe that is all you need other than form 14C Confirmation. Also be prepared to complete file and serve a Reply affidavit if any new issues is addressed in the other parties Response affidavit. For long motions, some courts in Ontario require a factum. A factum is your summary argument, with the applicable laws and authorities. Check with your registrar if a factum is required for your motion.

Do you have any tricks as to how this can be done quickly (meaning if we provide such and such in advance, or ???)

No tricks, but keep your pleadings brief and to the point. (First point writing and then foreshadow with relevant details) Go to the above link on the heresay thread and read the how to write an affidavit.

lv

[Mr. ReadyNow]

Thanks lv. Good thing, that is not what i had filled out. Will redo it based on your info. I think you might have saved my behind there. Bye