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  • Motion to Vary - Is an Affadavit Required?

    I have served the "other party" with a Motion to Vary. Should I file an Affadavit?

    Any help would be appreciated

  • #2
    Do you mean an Affidavit of service? Then yes.

    Do you mean General Affidavit? To include extra information that is not addressed in the actual motion to vary form, then yes you would, but don't have to.

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    • #3
      Thank you for your response.

      Are there any timelines that must be honoured when dealing with Affadavits?

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      • #4
        Does anyone know if there needs to be "x" amount of days before a court date to file an Affadavit, or can they be filed at any time?

        Got a court date coming up second week of October, for Motion to Vary, and I need to know if I still have time to file a more detailed Affadavit?

        Also, does an affadavit need to be served to the other party in person? Thanks

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        • #5
          I believe you need to have all paperwork served and filed within about 7 days of the court date. Yes, you still have time.

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          • #6
            Thanks all

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            • #7
              Originally posted by representingself View Post
              I have served the "other party" with a Motion to Vary. Should I file an Affadavit?

              Any help would be appreciated
              The Affidavit needs to be part of your Motion to Vary and not an afterthought after the other party has been served. You can't serve the other party without an Affidavit to support your reason(s) to vary nor will any Court file your Motion with the supporting Affidavit.

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