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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 05-15-2014, 07:21 PM
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Does it matter at trial if the other side has not served or filed anything in the book of evidence?

My daughters mother has stopped responding to any thing served on her since her lawyer dropped the case about 5 weeks ago.

Will she still be able to call witnesses and use evidence that she never filed with the courts?
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Old 05-15-2014, 07:32 PM
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How do you know that your daughter's mother didn't instruct her lawyer to not do anything?

You should find out if the lawyer still represents her FOR SURE.

In Alberta, depending upon circumstances, lawyers have to get leave of the court before dropping a client.

Never make assumptions.
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Old 05-15-2014, 07:57 PM
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yes I know for sure that he is off the case. At our last contempt motion before they heard our case we were all brought in to court and he was granted permission from the judge to be removed and I have the court endorsement that he is removed.

The duty council that has been dealing with me also confirmed that he has been removed and that she will not be eligible to get a new lawyer through legal aid.

I have also been checking with the courts to see if she has filed anything and they confirmed that nothing has been filed.
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Old 05-15-2014, 08:34 PM
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She will not be able to call witnesses and introduce evidence because you must have an opportunity to prepare your case for this as well.

This is a tactic. As she will ask to postpone things.
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