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  • Is one obligated....

    Is one obligated to respond to improperly served documents?

    What about financial documents?

    PM for more details if you more info is needed.

    Thanks!

  • #2
    My personal opinion - if you got the documents, you have been served.

    You could maybe try to split hairs in front of a judge - and he could maybe hit you with costs.

    Comment


    • #3
      Judges normally aim to resolve issues on the merits rather than prevent a party from receiving a fair decision due to a technicality.

      You don't provide enough information to say for sure, but generally a judge will not worry about irregular service if the documents came to the attention of the other party within the time limits set out by the Family Law Rules.

      Also, Family Law Rule 6(18) provides:

      When a document has been served by a method not allowed by these rules or by an order, the court may make an order approving the service if the document, (a) came to the attention of the person to be served; or (b) would have come to the person’s attention if the person had not been evading service.
      For instance, an Application is supposed to be served personally on the respondent. I've seen many cases where this was not done - e.g. the Application was simply dropped off in the mailbox - the judge did not care because the respondent found the documents right away.
      Ottawa Divorce

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      • #4
        Holy buckwheat - haven't seen a post from you Jeff before (unless we're being misbehaved) !

        Comment


        • #5
          Well what I was told by a Sr member of this forum in Jan 2011 when my ex chose to have our 13 yr old son (who has always lived with me) "serve me" was this:

          "You can complain to the judge, but what would be the benefit? Complaining to everybody that he is evil because served you a paper incorrectly will not support your Motion to Change.

          If you don't agree with what you read there, the easiest way is to fill out the case conference brief. If it is short then you have a chance that even a lazy judge will read it."

          So being naive and intimidated at the time I sucked it up & didn't say shit despite a whole 18 months of dealing with incorrect financials, incorrect document server, etc ... Worked to my advantage cause fast forward to Sept & trial and I got to listen to the judge REPEATEDLY say "I DON'T CARE" to my ex and his BS. Case won ... Done and over with

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          • #6
            Thanks Jeff, and DunnMom, that info was very helpful

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            • #7
              Shush you.....i don't 'be nice' to ANYONE!

              Comment


              • #8
                I believe you should "get er done right" the first time when serving documents. Judges have independent opinions on things, some are more lenient than others. Why leave it up to chance?


                It is totally within your rights to refuse documents that are not probably served. If you want to run up someone's legal bill, or simply antagonize them, go for it. However, if you want to be "perceived" as reasonable, concerned and responsible I believe the wise thing to do is to accept the document.

                Perceptions and impressions can be very important in court.

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                • #9
                  Perceptions and 'procedure' may very well be the penultimte consideration to a Judge, behind TBOC.

                  Having said that, follow the rules and you will always be safe.
                  A judge *could" dis-allow materials based on their being offered incorrectly.

                  This is always a positive consideration when you are in litigation - the less you screw up - the more solid your footing.

                  But materials get 'walked in' all the time to court.
                  Especially with self-rep's.

                  So don't expect anyhting other than it to be allowed.

                  Comment

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