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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 09-19-2013, 09:14 PM
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Default Not sure if there is a fast motion or not

Today i called trial court coordinator at Brampton court and ask if a fast motion date has been set for file #xyz. I was told no. when I asked what would be the applicable deadlines to the moving party to submit all the paper work in order to have a fast motion on the 26th September. Informed that in order to have a fast motion for the 26th, all the paperwork would have had to be submitted by the 17th September. So, i though that there was no fast motion scheduled.
However, I come home today and see that there is an envelop with Notice of Motion form indication a motion is set for 26th September, affidavit of service and exhibit referred to in the motion.
I am not sure who to believe if there is a motion on the 26th or not and how many days do i have now to submit my response?
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Old 09-20-2013, 10:45 AM
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I am not sure who to believe if there is a motion on the 26th
They could have served you on time by regular mail, and it took longer than anticipated for delivery.

I would recommend attending. If they don't show, ask for costs.

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how many days do i have now to submit my response?
Submit it as soon as possible. If you miss the filing deadline (4 days before; so by the end of Friday) then bring it to the motion, with affidavit of service.
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Old 09-20-2013, 10:59 AM
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They could have served you on time by regular mail, and it took longer than anticipated for delivery.
what you say makes sense, however, on the Notice form where the lawyer signs and dates, the date is for yesterday september 19, 2013 and the exhibits attached to the affidavit are dated september 18, 2013.
as I mentioned the motion is for September 26, 2013.

Plus I talked to the trial coordinator this morning and she said yeah we don't have a motion scheduled for that day however, "they can still file the paper works two days before the motion."

Doesn't make sense to me doesn't the moving party have to serve all the paperwork no later than 7 days before the motion???
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Old 09-20-2013, 11:20 AM
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Doesn't make sense to me doesn't the moving party have to serve all the paperwork no later than 7 days before the motion?
Those are the rules. However, if you aren't prepared, you could ask for an adjournment on the grounds that you need more time.

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Plus I talked to the trial coordinator this morning and she said yeah we don't have a motion scheduled for that day however, "they can still file the paper works two days before the motion."
Motion scheduling varies by court house. Be wary of any blanket statements online.
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