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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 11-08-2011, 07:41 PM
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Default Service by Courier on a Friday

Hi,
My understanding of regular service by courier is that service is effective the next day. In this case the date of service is Saturday. Service was to my mailbox and the time frame for this doucment was 20 days. Is service on Saturday or the next business day which is Monday?

thanks,
CD
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Old 11-08-2011, 09:35 PM
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Originally Posted by CycleDad View Post
Hi,
My understanding of regular service by courier is that service is effective the next day. In this case the date of service is Saturday. Service was to my mailbox and the time frame for this doucment was 20 days. Is service on Saturday or the next business day which is Monday?

thanks,
CD
There are rules you can look up for counting days. Weekends are not included. Was the service personal or was it through the mail? You should immediately notify the other party that you are in receipt of the materials, then CHECK with the court to see if the materials served are filed.

A new "trick" that some shady lawyers are pulling these days is serving materials on respondents that have never been filed with the court. Before wasting any time responding to the materials double check to see if they are filed with the clerk. If they are not then notify the other side they have miss filed paperwork and you will not be responding until they are properly filed.

High conflict negative advocate lawyers often pull this stunt. If you find you are in possession of materials that are not filed with the court that have been filed, keep it for future evidence to the conduct of the other party. Especially if the materials are "sworn" in affidavit format. You can submit them as evidence to the high-conflict pattern of behavior and track them as such.

Double check to make sure the paperwork *IS* filed. You can't trust the other side to conduct themselves in an appropriate way and within the rules.

Just like filing in the wrong jurisdiction. For some reason negative advocate lawyers do this nasty little trick all the time. Most judges return matters to the proper court once identified. For some reason negative advocate solicitors think this tactic is "creative" for some reason. It just demonstrates they have no respect for the rules set forth by the FLA and CLRA.

If the materials are required in 20 days, there should be a notice of motion attached to the materials, if it is an application then most decent non-high-conflict solicitors will accept a response in more days. Until there is a case conference scheduled neither party can bring forward a motion unless it is a "true" emergency. Although negative advocate lawyers will do this too but, it always ends up hurting their litigant more than progress the matters before the court.

You can always ask the other side when the response (exact date) should be filed or you can clarify with the clerk's office too. FLIC can also answer this question too. Generally, weekends and holidays are not part of the day count. It usually is every day the court is open. But, don't quote me on that. Check with a lawyer/clerk/FLIC.

Good Luck!
Tayken
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Old 11-09-2011, 08:12 AM
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Quote:
Originally Posted by Tayken View Post
There are rules you can look up for counting days. Weekends are not included. Was the service personal or was it through the mail? You should immediately notify the other party that you are in receipt of the materials, then CHECK with the court to see if the materials served are filed.

A new "trick" that some shady lawyers are pulling these days is serving materials on respondents that have never been filed with the court. Before wasting any time responding to the materials double check to see if they are filed with the clerk. If they are not then notify the other side they have miss filed paperwork and you will not be responding until they are properly filed.

High conflict negative advocate lawyers often pull this stunt. If you find you are in possession of materials that are not filed with the court that have been filed, keep it for future evidence to the conduct of the other party. Especially if the materials are "sworn" in affidavit format. You can submit them as evidence to the high-conflict pattern of behavior and track them as such.

Double check to make sure the paperwork *IS* filed. You can't trust the other side to conduct themselves in an appropriate way and within the rules.
Sorry, don't mean to hijack OP's post, but i had to ask: If an application that is served has a court file number, is that in itself an indication that it has been properly filed with court, or, not neccessarily in every case??? Dealing with one such "high conflict negative advocate lawyer" as described at the moment and trying not to fall for these "creative" tricks.
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Old 11-09-2011, 08:34 AM
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The court file number is given by the clerk so yes, most likely it's been filed. There should also be a stamp/date from the clerk as well at the end of the application.
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Old 11-09-2011, 12:42 PM
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Quote:
Originally Posted by CycleDad View Post
The court file number is given by the clerk so yes, most likely it's been filed. There should also be a stamp/date from the clerk as well at the end of the application.
Thanks!! Will double check again!
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Old 11-09-2011, 05:57 PM
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I need to make a correction about what I said in post #4 is not correct. Sorry.
I had a look at my application: Along with the Court file number, there is a seal/stamp from the cort in the top left of the first page. On the last page of the form, page 5 there should by the applicant's signature as well as the Applican't lawyer if the Applicant is represented.
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Old 11-09-2011, 06:02 PM
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Quote:
Originally Posted by CycleDad View Post
I need to make a correction about what I said in post #4 is not correct. Sorry.
I had a look at my application: Along with the Court file number, there is a seal/stamp from the cort in the top left of the first page. On the last page of the form, page 5 there should by the applicant's signature as well as the Applican't lawyer if the Applicant is represented.
Hmmmm ... ok, what does this mean then:

There's a court file number. There are the applicant's and applicant's lawyer's signatures. However, there is no COURT SEAL.

Has it been filed then????
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Old 11-09-2011, 06:10 PM
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Without a seal I don't think you can be assured that it is a true copy. I would ask that they follow procedure and serve a true copy of the application along with the required continuing record etc. It should be a package. Along with Tax returned for the last 3 years, etc. etc. Can you visit the court house and talk to a clerk?

I'm in Ontario BTW.
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Old 11-09-2011, 06:18 PM
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Quote:
Originally Posted by CycleDad View Post
Without a seal I don't think you can be assured that it is a true copy. I would ask that they follow procedure and serve a true copy of the application along with the required continuing record etc. It should be a package. Along with Tax returned for the last 3 years, etc. etc. Can you visit the court house and talk to a clerk?

I'm in Ontario BTW.
Thanks CycleDad, i'm in Ontario too. My gut keeps telling me this is just an elaborate bluff ... i will press for a chat with the court clerk that has her name on the the application ...
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Old 11-09-2011, 06:21 PM
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you can also any clerk for the file by reffering to the cort file number. the hardest part is waiting in line.
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