When you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit? Where would you document case law that you wish for counsel to review in a motion?
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Have you read any of the readily-available material online about initiating an application in family court in your province?
You are required to use the proper court forms and the forms are pretty specific about what to include and what not to include.
I am not going to give you any links because I think you should be able to figure this out on your own.
Now you can see the value of having a lawyer will experienced staff who prepare these sorts of things right? I self-represented for response to a matter this summer and I silently blessed my lawyer for having taken care of all the forms and filing/serving matters for so many years.
You can definitely do this yourself but now you can understand why a lawyer charges 350.00/hr because he has to have expertise/knowledge and staff to do the stuff that you are sweating over (probably for many days) right?
You will figure it out.
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that didn't answer my question.
Keep in mind this is a motion and not an application.
I certainly don't see anywhere to put the case law in the notice of motion, however I see that I can reference documents in the continuing record.
Would case law go in as part of an affidavit? Yes or No?
Yes I do wish to retain a lawyer, but they say I don't need one right now and can represent myself and save a lot of time until the records are ready and the factums and final affidavits are required..
My affdavit seems to be perfect as per the lawyers but I wish to add to it and add case law - perhaps I shouldn't touch it if it is so good.
Perhaps you could have a look at my post regarding choosing a lawyer.. would be interested in your 0.2 cents - the lawyer in hamilton is a male lawyer - I know you're not a big fan of female lawyers.
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Originally posted by trinton View PostWhen you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit? Where would you document case law that you wish for counsel to review in a motion?Last edited by Tayken; 11-14-2016, 11:08 AM.
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Originally posted by arabian View PostNow you can see the value of having a lawyer will experienced staff who prepare these sorts of things right?
When hiring a professional you need to trust them. You are effectively outsourcing the knowledge in your matter. If you don't trust the partner you have retained to KNOW this stuff then you are going to question everything. When you question everything you end up paying HUGE legal bills.
I would guess that 90% of Triton's legal bill is "training" related because for some reason Triton lacks "trust" in the professionals that Triton retains. The reality is if you don't trust anyone other than yourself you are going to have MASSIVE legal bills... Then when self representing you everything is going to blow up in your face.
I suspect Triton will be the next "the system is broken" and "the system is fixed to a gender" parent that rants and raves on this forum. Triton is lining up to be the next "resourceful" parent and I suspect will be banned from the forum or rage quit in the next 6-8 months if Triton doesn't seek counselling.
Good Luck!
Tayken
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When you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit?
Where would you document case law that you wish for counsel to review in a motion?
However, if you want the judge to review it, you can:
1 - Include a case book / book of authorities.
2 - Better yet, include a factum.
You cannot put case law in an affidavit. It will be struck. It goes in a Book of Authorities.
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Originally posted by Tayken View PostI suspect Triton will be the next "the system is broken" and "the system is fixed to a gender" parent that rants and raves on this forum. Triton is lining up to be the next "resourceful" parent and I suspect will be banned from the forum or rage quit in the next 6-8 months if Triton doesn't seek counselling.
Good Luck!
TaykenLast edited by trinton; 11-14-2016, 06:26 PM.
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Originally posted by Tayken View PostYou cannot put case law in an affidavit. It will be struck. It goes in a Book of Authorities.
I found a sample online if anyone else ever comes across this question:
https://www.attorneygeneral.jus.gov....ties_Tab_1.pdf
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