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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 06-10-2012, 02:21 PM
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Default Trial Management Endorsement, need help

Last week I went to an Assignment Court. The judge asked the ex and I if we were ready for Trial (we are both self rep), as this was also known as a 'purge trial' and they are reducing the number of cases that are not trial ready.

There are currently two motions that are being heard in court. The first motion was by the ex who is trying to go back on the Final Order (from FEb 2011) and get a larger payout than the $7000 that I gave to 'settle all issues' (this statement was in the Final Order). The second motion was introduced in February (2012) by me because my daughter moved out of the ex's house and now lives with me. The ex refuses to pay CS.

During the Assignment court the Judge said that she wanted to hear all motions in court on June 15th, 2012 and gave me a 'Trial Management Endorsement' form to complete.

I have NO idea what this is or what the Judge wants on the day I go to trial. There were no clear instructions. I will complete the form but there are sections that I am at a loss, for example, possible problems to Flag for Trial Judge.

Or 'it is ordered that', and then statements that seem like they will come from a Judge.

Any input will be greatly appreciated,
Fam Law

Last edited by Fam Law; 06-10-2012 at 02:24 PM. Reason: grammar
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Old 06-10-2012, 03:21 PM
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Take it to the Duty Counsel and ask.

There is no such "form" in family law, so I think you are describing it wrong. An endorsement is an order from the judge made after the conference, usually some proceedural tasks that must be done prior to trial, for example if one party hasn't submitted something. It may be for a temp order for custody or support, but at the point of trial management I wouldn't think it would be an order like that.

The judge would normally hand write and endorsement and one party would have it drawn up formally and resubmitted to the judge for signature. There should be nothing for you to fill out.

Can you give more details about what is on the form, and there should be a form number.
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Old 06-10-2012, 06:58 PM
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Thanks for the response, the Endorsement Form that I am referring to is stated below (I found it on google);
www.yorklaw.ca/dat/.../Trial%20Management%20Endorsement%20Form(1).doc

The Assignment Court that I went to is just for lawyers and those that are self rep for the purpose of scheduling trial. The judge was determining if the issue was ready for trial and if not she was 'purging' them. When our case was called up she said that she wanted to hear it on the Friday June 15th, 2012. Then told me and the ex to complete the Trial Management Endorsement' and bring it on that date. There are 16 sections on this form. It is titled 'Superior Court of Justice Family Law' Section 1 is Preliminary Matters, Section 2 is Issues for Trial, Section 3 is Financial Statements, 4 is Admissions, 5 Exhibits proposed, 6 Presentation at trial, 7 witnesses, 8 childrens evidence, 9 other issues, 10 possible problems to flag for trial judge, 11 trial record, 12 follow up TMC required, 13 books of authoridy, 14 adjourned to, 15 trial information, 16 it is ordered that, then it has a line for the Judges signature only.

The form is not on the court forrms family law list as it is not a brief. I have never seen this form before and I believe since I am self rep that I am preparing this as a lawyer would.

I will absolutely get input from duty council but has anyone ever been through this process? And is there any advise on this upcoming meeting?

Thanks again,
Fam Law
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Old 06-10-2012, 07:06 PM
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The form is not on the website you linked to.

No form is going to be titled 'Superior Court of Justice Family Law' only. Every form will have a form number that can be looked up.
I have no idea what you mean "as it is not a brief". A brief is a brief, there are dozens of other forms, the one you mention is not one of them.

Again, I would suggest you take it to the Duty Counsel and ask them, that is what they are there for.
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Old 06-10-2012, 11:36 PM
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Thanks again for your input. I will absolutely consult with Duty Councel as this form seems to be a source of confusion. And my apologies, when you go to the link then you need to put in a search (upper right corner) for 'trial managment endorsement'. The search will yield one result (outlined below). Click on the result and you will find the form there.

Search Results For: Trial Management Endorsement


Website Content: 1 match(es) found

Notices and Family Forms

>
It is a bit modified from the one the Judge gave me, but very confusing to complete.

When you view this form you will see that it is not one that has a form number and cannot be easily looked up.

Thanks anyway for trying.

Fam Law
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Old 06-11-2012, 02:07 AM
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Quote:
Originally Posted by Fam Law View Post
Thanks again for your input. I will absolutely consult with Duty Councel as this form seems to be a source of confusion. And my apologies, when you go to the link then you need to put in a search (upper right corner) for 'trial managment endorsement'. The search will yield one result (outlined below). Click on the result and you will find the form there.

Search Results For: Trial Management Endorsement


Website Content: 1 match(es) found

Notices and Family Forms

>
It is a bit modified from the one the Judge gave me, but very confusing to complete.

When you view this form you will see that it is not one that has a form number and cannot be easily looked up.

Thanks anyway for trying.

Fam Law
You should be getting your "forms" form here and not a law association:

Family Law Rules Forms — Ontario Court Services

The only place you should be getting forms is from the above link. Everything else is crap.

Good Luck!
Tayken
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Old 06-11-2012, 06:19 PM
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Thank you for your response. Just to update you, I received this form from the Judge directly during Assignment Court. I was able to find the version of this from the internet site that I directed you to just so that I could get your input as to what this form is. This form is not from the attorny general site. It was one that was provided directly to me as I said from the Judge with directions from the Judge to have it filled in and brought with me to court on Friday June 15th. I am trying to no avail to determine if anyone from this site has any input as to what this is. However this does not seem to be the case but I appreciate your efforts.

Thank again,
Fam Law
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Old 06-11-2012, 07:19 PM
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So please be clear that I was given this form and the last thing I am going to tell the Judge is "You should be getting your "forms" form here and not a law association" and "The only place you should be getting forms is from the above link. Everything else is crap" I don't think that would put me in a good light with the Judge I just didn't have the opportunity in court to request direction from the Judge on how to complete the form that she gave me.
And really if the Judge even gave me her shopping list to fill in and bring with me to court on Friday, I was going to do it without telling her that it didn't have a form number and couldn't be located on the family law form site But at least a shopping list is something that I would feel more comfortable with

Thanks again,
Fam Law
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