next step

[littleman]

I have served them with new motion date and information required....now what???????????

[logicalvelocity]

Littleman,

they should be serving their affidavit for the motion. If any new issues are brought up in their affidavit, you can also complete serve and file a REPLY affidavit as you are the moving party on the motion.

You will have to have a confirmation form 14C filed with the Registrar at least 2 days before the scheduled motion.

lv

[littleman]

when do they have to file their response by .........they have 2 months til date of motion

[Jeff]

In Ontario, the other side has until 2 days prior to the motion to file responding materials.

Ofter a person will serve responding materials at the last moment as a tactic either to force you to adjourn the motion or to go ahead with the motion without having a chance to reply to what they've said. If you suspect that might happen, I'd keep after them on a regular basis for responding materials.

Also, some jurisdictions (for instance, Toronto) require factums for all motions. You may want to double check with the court whether that's required for your motion.

A basic summary of a motion's procedure is:

1. Moving party serves notice of motion + summary of court cases + supporting affidavit(s) + requisition for a motion. This normally must be done after a case conference unless there is urgency or hardship. This must be done at least 4 days before the motion date.

2. Moving party files with the court the notice of motion + summary of court cases + supporting affidavit(s). This must be done not later than 2 p.m. two days before the motion date.

3. Responding affidavits are to be served and filed. This must be done not later than 2 p.m. two days before the motion date.

4. Questioning on affidavits. If there are significant factual issues involved in the motion, the parties may wish to deal with that in questioning.

5. Reply affidavit must be served and filed. This must be done not later than 2 p.m. two days before the motion date.

6. In some cases or jurisdictions, factums must be served and filed. This must be done not later than 2 p.m. two days before the motion date.

7. Both parties must confirm the motion not later than 2 p.m. two days before the motion date.

[logicalvelocity]

Jeff,

Are factum's required in the Ottawa court?

lv

[littleman]

I live in Ottawa so I would need to know about Ottawa courthouse......I would also like to know what is a factum...........something I have never heard before........

[Lindsay]

littleman,

In Ottawa, factums are only required for long motions (motions 1.5 hrs or longer), which must be scheduled by special appointment. Your motion is NOT a long motion, so you are not required to submit a factum, but I believe you may submit anyway if you wish.

A factum is a brief that sets out:

I - An overview of the case
II - A party's version of the facts of a case
III - The issues that to be determined in the case and the law on which a party is relying
IV - The details of the order a party is seeking

A factum is normally coupled with a book of authorities, which provides a printout of the cases referred to in the issues and law section of the factum. There is no form to follow when preparing a factum under the Family Law Rules, but the structure listed above is what is generally used.

Lindsay

[Lindsay]

I should add that factums DO NOT go into a continuing record. They are kept separate, much like case conference briefs.

Regarding form for the factum, there are in fact some rules that I forgot about:

1. The cover of the moving party's factum is blue, and the responding party's is green. So, it doesn't matter whether you are the applicant or the respondent. What matters is who the moving party is and who the responding party is. The front covers must show the title of proceedings (aka general heading) and the title of the document, for example, "Factum of the respondent, Joe Blow."

2. It has always been my understanding that backsheets aren't required with factums, but some lawyers may not agree. I'd say put a backsheet on your factum, just in case (same colour as your cover).

3. Bind your factum or put it together with a metal prong.

4. Some parties combine their factums with their book of authorities, but this is not required. If they are being kept separate, the book of authorities should show the title of proceedings and the title of the document, but no special colours are required. Don't forget a table of contents for your book of authorities (and of course tab your cases).

As Jeffrey said, a party's factum must be served on opposing counsel and filed before 2:00 p.m. 2 days before the motion proceeds. I am unsure though whether you must serve your book of authorities with your factum or if you can show up in court and hand a copy to opposing counsel and the judge.

Lindsay

[logicalvelocity]

littleman,

some tips on factum writing

see this post and associated links

http://www.ottawadivorce.com/forum/d...ghlight=factum

lv