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-   -   Serving Form 15C - special or standard? (http://www.ottawadivorce.com/forum/f3/serving-form-15c-special-standard-21283/)

TryingDad 08-23-2017 12:02 PM

Serving Form 15C - special or standard?
 
Can someone chime in on what kind of service is required for a Form 15B Response to Motion to Change ?

When I look at the rules regarding regular vs special service at the Ministry of the Attorney General's website, it says forms 15 and 15A must be done by special service. However, when talking to someone at the court house, they said a 15B must also be done by special service.

I'm well in advance of the 30 days and would like to just mail it, under the rules for standard service it's considered to have been served 5 days later.

Has anyone who has been involved in serving one of these forms relate their experience?

Thanks!

rockscan 08-23-2017 12:17 PM

We asked my partners lawyer this since his ex filed her forms by fax. Its best to serve via special service to a) have a neutral party; b) track your item and prove you served it; and c) prevent any issues with the ex saying it wasn't received.

It may cost an extra $100 but how much is peace of mind for the process?

TryingDad 08-23-2017 12:28 PM

Haven't decided what I'll do yet, but wanted to know my options...as well as determine if the person at the court house was giving me accurate information or not!

I found a document, and you can indeed serve a 15B or 15C via regular service. From FLR-A SG 15-2EN

Quote:

STEP 2: SERVE A COPY OF YOUR RESPONSE OR SEND YOUR
CONSENT TO THE MOVING PARTY

Once you have completed Form 15C: Consent Motion to Change or Form 15B: Response to
Motion to Change and attached the necessary documents, you must serve a copy on the
moving party, and the assignee, if any. Be sure to keep a copy for yourself.

You can serve the moving party by regular service. This can be done by:
giving a copy personally to the moving party or their lawyer,
mailing a copy to the moving party or their lawyer, or
faxing a copy to the moving party or their lawyer.

OrleansLawyer 08-23-2017 02:36 PM

Quote:

what kind of service is required for a Form 15B Response to Motion to Change ?
Regular service.

Quote:

when talking to someone at the court house, they said a 15B must also be done by special service.
They are unequivocally wrong.

For clarity:

All originating proceedings (Application or Motion to Change) must be served by special service.

Any proceeding that may result in imprisonment must be served by special service and on the party personally.

All other documents may be served by regular service, including an Answer or responding documents.

TryingDad 08-23-2017 05:49 PM

Thanks for confirming what I found OrleansLawyer.


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