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  • can a motion be filed if SC date is set

    If a settlement conference date is served on me, can I still go ahead and file a motion on a date prior to it?
    Thanks

  • #2
    Originally posted by gumby View Post
    If a settlement conference date is served on me, can I still go ahead and file a motion on a date prior to it?
    Thanks
    Yes. Depending on nature and urgency though it might be remanded to the settlement conference.

    FG

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    • #3
      Thanks Fieldgray.
      There are some timely issues but the sky will not fall if they are put off.
      Hope you are enjoying the weekend off from your trial.

      Comment


      • #4
        Could not one file a counter motion or reply that they would also like these other issues to be addressed?

        Comment


        • #5
          It is my understanding that it is possible - but I do not want the judge annoyed with me. My summer holidays issues I would like resolved, but none of the other issues are resolved at this point so for the summer holidays I will have to rely on email promise as I don't have a signed agreement. This email even if the respondent says yes will be unenforceable with out a separation agreement signed. So this is be my reason for the motion.
          Sound reasonable enough?

          Comment


          • #6
            Originally posted by gumby View Post
            It is my understanding that it is possible - but I do not want the judge annoyed with me. My summer holidays issues I would like resolved, but none of the other issues are resolved at this point so for the summer holidays I will have to rely on email promise as I don't have a signed agreement. This email even if the respondent says yes will be unenforceable with out a separation agreement signed. So this is be my reason for the motion.
            Sound reasonable enough?
            You will have to be the one to live with the consequences of the trust you are prepared to give. Assume the worst case scenario and ask yourself if you can deal with that for the period of time before SC. If not, proceed with the motions you need.

            FG

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            • #7
              for your info- i had a motion set just recently 1 week prior to our SC. The issue was webcan access as I reside in B.C. I thought the issue was important. The Justice told me firmly she does not hear motions once SC date has been set.

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              • #8
                Thank you Raven for preventing me from making a mistake...
                After speaking with Duty Counsel I have pretty much decided I won't go that route anyways...better just to put everything in the affadavit for sc.

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                • #9
                  Your welcome. I felt strongly about webcam access so I attempted this motion. Although the Justice at the SC seems irritated that this issue was added to the
                  usual list, he did order it on the spot. I have been to motion dates, CC, SC a total
                  of 8 times and am now finished,i hope. Any more questions feel free.

                  Comment


                  • #10
                    I did motions in the weeks before settlement conference without issue from the justice. It really depends on the quantum of problems and how urgent they are.

                    FG

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