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Case Conferences regarding motion issues prior to short motions

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  • jondaddy
    replied
    In my case I filed an urgent motion which was heard very quickly and before the CC.

    Motions judge agreed that the urgent motion was valid, but since the other side was unprepared, he ordered CAS to send me their records and scheduled a case conference.

    We're coming up on the one year mark for it now...

    Leave a comment:


  • plainNamedDad44
    replied
    Originally posted by ross_toronto View Post
    So are you saying because there has been a case conference on your overall family law issue at some point in the past that you don't require a CC for a simple motion now? That's what it sounds like to me but I wanted to make sure I got it right.
    Yes. That's right. Can anyone else offer their two cents please?

    Leave a comment:


  • ross_toronto
    replied
    So are you saying because there has been a case conference on your overall family law issue at some point in the past that you don't require a CC for a simple motion now? That's what it sounds like to me but I wanted to make sure I got it right.

    Leave a comment:


  • plainNamedDad44
    replied
    Hi, Just in case this helps someone else, this is what I (re) learned.

    Rule 14 of FLR's simply states that there can be no motion prior to a CC on substantive issues.

    The Motion date request form seems to imply it necessary that a CC be held prior to every motion. This is apparently misleading (but well intended).

    Also this is consistent with my experience of prior motions.

    PND

    Leave a comment:


  • Case Conferences regarding motion issues prior to short motions

    Community,

    I am about to motion for child support. In the past, I have brought forward may motions without a case conference on the motion's specific issues. ie, summer access, Christmas access, etc.

    The form called "Request to Schedule a Family Motion" asks specifically "Has CC has been held on the matters of the motion ?"

    I previously have interpreted this as "Has a case conference been held at all ?" We have had a case conference initially and that was it.

    Its never seemed like a case conference was required specific to a motion. Can someone confirm ? If so, why does the form "Request to Schedule..." bother asking ?

    PND
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