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Serving a Form 10: Answer After Deadline

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  • Serving a Form 10: Answer After Deadline

    ISSUE: A person is properly served a Form 8: Application, Affidavit (Parenting) and Affidavit (Financial) and misses the 30 day response deadline.
    A procedural motion was submitted to extend the time but it will not be approved by the court in time for the FIRST COURT DATE. The court already said they will not accept the filing after serving the Applicant.
    QUESTION: Can the Applicant just be served anyway and prepare everything including the Affidavit of Service and hope the court will accept it after the FIRST COURT DATE?
    I would appreciate any insight or experience anyone has with this. This is for the Ottawa Family Court.
    Thanks.

  • #2
    The first court date is not before a Judge. It is just a formality to ensure all the pleadings are filed and to set a case conference date.

    The Respondent is going to be successful at the motion to extend the time as it does not sound like there is any prejudice to the Applicant from allowing this. A case conference date has not even been scheduled.

    The Answer and the Affidavit of Service are already likely going to be in the court file as exhibits to the Affidavit used in the motion to extend the time.

    The Respondent should just consent to late filing, especially if they have received a copy of the materials already.
    Ottawa Divorce

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    • #3
      Thanks Jeff:
      Been through this assisting other before. The Form 10: Answer, Form 13: Form 35.1: Affidavit for Parenting, and Form 13: Financial Statement are not with the court yet because they have just been printed out this morning. It is the Applicant who will not consent to late filing therefore the Respondent, who missed the first filing deadline, submitted a procedural motion and Affidavit for extension of time. My specific question is should the Respondent officially serve the Applicant his answer anyway in hopes that the court will grant a response deadline?

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      • #4
        Unless your first appearance is this week, you should hear back from the urgent motion before that. Yes, serve the material and prepare an AoS. Then bring extra copies to your appearance. It's not before a judge, but hopefully will be accepted. If not, the motion will surely allow it well before your case conference.

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        • #5
          Perfect. Thank you very much for your help. We served the Applicant anyway and we are just waiting for a late filing approval. From the court, they finally got back to me with a similar answer as yours stating most of these thing are all figured out by the case conference anyway.

          Comment

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