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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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  #1 (permalink)  
Old 07-24-2006, 07:03 PM
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Default Trial Management Conference Form 17E

I have a few questions on how to fill out the Form 17E for the Trial Management Conference, if anyone can help. I'm kinda stuck.

First of all it is 1 week (7 days before the Trial Management Conference) and I have not been served a copy of the Respondent's Form 17E. Are they not supposed to? I wil check at the courthouse tomorrow. What if he hasn't, is there any recourse?

In Part 2 Section 5 do I have to put people I want to testify or can I leave it blank?

Part 3: Procedural Matters

7) Statement of agreed facts? If no why not.
We haven't filled one out... do I just put ... The Applicant has not contacted me .
8) Have the parties finished disclosing of documents and questioning of witnesses If no indicate what has not been done.
How do I answer this
9) Asks about a list of relevant orders in this case (Attach the summary of court cases-Form 8E)
What do they mean?

10Are there any directions for trial that have not been carried out?
NO YES(explain)

What do they mean.

11. Refers to a joint document brief?

I have nothing joint that I can see?

12 Has an order been made for affidavit evidence at trial
Yes No (explain)

How do I fill this one out?

and finally
13 Are there any perliminary........
No Yes (Explain)

What are they asking about.


Please help with some pointers, in filling this out. It would be greatly appreciated.

Thanks Mcbroke
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Old 07-25-2006, 10:03 AM
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Default Just two questions about Form 17E

Please disregard my first post, I think I've got it straight, I just have the one question. The Applicant filed a service by regular mail 7 days before the Trial Management Conference, I will probably not receive it until 2 days before. I think he's playing games!!!!!Is there any recourse for this?He has changed the values on the Financial form 13B from those he has provided all along. He is imputing numbers on my side to reflect artificially increased differences.

How long are sworn affidavits good for? My son did one in May of this year, and the circumstances have not changed on the affidavit. Do I have to get another one done?

Thanks again, I started getting al little overwhelmed that's why the first post.

Thank you
McBroke
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Old 07-25-2006, 04:04 PM
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Default Re: Trial Management Conference Brief

The Applicant filed their Trial Management Conference Brief at the courthouse as: Served by mail on the 24th. I understand mail service is to be dated 5 days after it is sent or filed, which makes it the 29th two days before the 31st court date. Thie clerk even said "that's strange". Do I bring this up on the court date and mention this to the judge? Is there any penalty for this? I probably won't get a request to admit in time either.Did he mess up or is this common?

Thanks again,
Hope everyone is enjoying there summer
Take care,
Mcbroke
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Old 07-25-2006, 05:35 PM
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Default

Mcbroke,


as you mentioned,

Quote:
The Applicant filed a service by regular mail 7 days before the Trial Management Conference, I will probably not receive it until 2 days before. I think he's playing games!!!!!Is there any recourse for this?He has changed the values on the Financial form 13B from those he has provided all along. He is imputing numbers on my side to reflect artificially increased differences.

Service of their brief is not effective until five days after it was mailed. I agree, they are playing games. Request an adjournment of the conference as their brief is late. Don't get too frustrated by their actions.

Contest the inflated numbers they have entered on behalf on their financial statement. You could ask for financially questioning of the other party and her live in bf at the held conference. You will most likely get this order without hesitation.

In regards to the request to admit, they have 20 days to respond.

If they don't you can also bring this issue up at the conference Why they having completed and filed a response. The Judge will see the co-operation or lack there of.

lv
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Old 07-25-2006, 06:23 PM
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Default Thank you Logical Velocity

Do I mention the request for adjournment on form 14C or in person at the Trial Management Conference Reason: The applicant filed a late Settlement Brief and is in contavention of the Family Law Rules. I therefore request that the Trial Management Conference be adjourned. PS I have prepared a tabbed attachment with evidence, case references etc. to answer question 4 on the Trial Management Conference Brief, do I send this with the Trial Management Conference or save it for court.

Thanks again and thank you so much for the calming words, it really helps at a time like this.
Mcbroke
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Old 07-25-2006, 06:30 PM
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Default How long is an affidavit good for

My son swore out an affidavit back in May. How long are they good for?

Thanks again
  #7 (permalink)  
Old 07-25-2006, 09:41 PM
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Mcbroke,

Contact the other party formally in writing and request the adjournment on consent. If they contest, indicate this on form 14C and your reason for requesting an adjournment. ie: you need time to prepare your own brief as their brief addressed last minute issues.

Remember to try to not get frustrated with this game. I suspect the Judge won't be too happy with this tactic.

It is not your responsibility to police them to follow the family law rules. That is the Registrar duty. I suspect they have filed their brief into the record within the alloted 7 days. In essence you could play the same game, you could mail them your brief; ie service is not effective for 5 days after it was mailed, but be sure to file no later than 4 days before the held conference. If you miss this filling deadline, you will need the other sides permission to file, they may not grant it, then you would have to ask the judge to file etc.

It was their arranged conference, in essence they should be abiding by the rules and serve and file documents on time according to same.

Quote:
PS I have prepared a tabbed attachment with evidence, case references etc. to answer question 4 on the Trial Management Conference Brief, do I send this with the Trial Management Conference or save it for court.
You could attach this information but it may be best just to write a paragraph or two outlining what the evidence is. This is unsworn exhibits, so I suspect the Judge would just ignore the material.

Remember to keep your documents brief and to the point. Don't overwhelm the Judge. Double space your paragraphs and leave wide margins. Best to request to the Judge that affidavit evidence can be used at trial instead that would include your exhibits. Speak about your request to admit, and that your having difficulties on truthful complete financial disclosure from the other party etc By default they should be providing this to support their claim.

Your's son affidavit is good indefinitely. It is a sworn document. Once served and filled into the record, you can always refer back to it ie "I refer to affidavit of John Doe dated April 19 1905 found in the continuing record Part II tab 5"

lv
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Old 07-25-2006, 10:15 PM
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Default Thank you so much LV

There are leaders and inventors who are famous for their accomplishments LV. We cannot forget or go without thanking those who taught them,

thank you LV
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