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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 10-08-2015, 03:22 PM
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Default Motion Record

I need to prepare and file a motion record.

I don't see much information about motion record but there is lots of information about continuing record.

I really need some help on what this is and how to complete it.

Quote:
Each new application or motion to change a final order starts a new volume to the continuing record.
So am I only responsible for filing and serving this new volume? Or do I need to serve the whole record?

Is this what I need to do?

SINGLE RECORD

Endorsements Volume
Yellow cover
- Table of Contents
- Endorsements, incl. Reasons for Judgment and Minutes of Settlement
- Orders
Documents
Red cover
- All documents, including affidavits of service, in chronological order


Do I have to add her affidavits of service or does she have to do that?

Thanks

FB
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Old 10-09-2015, 10:12 AM
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Quote:
I need to prepare and file a motion record.
A motion record is a book of documents for one specific (interlocutory) motion. It is very uncommon for family motions to require a motion record.

Option 1: You are filing a motion to change, and believe that requires a motion record.
Answer 1: It isn't. You are filing a continuing record, but the red cover page will say "motion to change" and have a bit more information than it would with an Application. All the continuing record rules apply.

Option 2: A judge has required a motion record because you have a very complicated motion coming up.
Answer 2: The requirements are set out in the rules of civil procedure. Here be dragons.

Quote:
So am I only responsible for filing and serving this new volume? Or do I need to serve the whole record?
The case will only look at the current continuing record. If you have started a motion to change, you will have issued your motion to change plus your supporting affidavit and any other required documents (35.1 and/or 13). You will then serve those documents (by personal service) on the other side. At that time you can create an affidavit of service to have all of the documents filed at court as a new continuing record.

You do not need to serve the documents as a completed continuing record, however doing so is courteous and generally recommended.
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Old 10-09-2015, 10:42 AM
FB_ FB_ is offline
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Default Motion Record

I just left FLIC and they confirmed I don't need a motion record. The information provided on the phone was incorrect.

I was told I need to serve the following

1. Notice of motion
2. All documents which were already serve
3 any updated documents
4 then file my affidavit of service

It all seems like such a redundant process..

Thanks for your help

FB


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