filing material after a motion hearing

[Malaika]

Hey guys,

Is it possible to file material of a motion after the motion was heard? Lets say you did not submit some of the material and thought your material was something the judge could see, would you have to file a new motion, or can you file the material AFTER the motion hearing?

[rockscan]

No you can’t file materials after a motion.

If it was a conference and you have another one coming up then you can file updated info. For instance your motion is for reimbursement of expenses and new expenses have come up in the period between appearances.

Brampton is right. Your only chance to have materials considered is at the date of the appearance. You can’t send stuff after the fact.


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[Kinso]

You serve and file your materials in advance. If you file additional materials then the other side should get a chance to reply to it. If the motion was already heard and the judge has not yet made a decision, you could ask them for 'leave' (permission) to file additional materials. It is an unusual remedy and not often granted.

The reasons for not submitting the materials the first time round will be relevant. If they didn't exist and there were 'new and relevant evidence' that might be a good reason for the court to consider. If the evidence was always available but you didn't advance it, it's less likely to be accepted.

[StillPaying]

Thank you Kinso for your wisdom. Between orders, leave, stay, appeals..., there are options no matter how unlikely. Experience speaks volumes.

[ottawaparent]

You serve and file your materials in advance. If you file additional materials then the other side should get a chance to reply to it. If the motion was already heard and the judge has not yet made a decision, you could ask them for 'leave' (permission) to file additional materials. It is an unusual remedy and not often granted.

The reasons for not submitting the materials the first time round will be relevant. If they didn't exist and there were 'new and relevant evidence' that might be a good reason for the court to consider. If the evidence was always available but you didn't advance it, it's less likely to be accepted.

Hi Kinso, in the event that the judge grants the leave. will the opposing party have an opportunity to respond ?

[Kinso]

Yes. Not giving the right of reply would violate fundamental Justice.