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-   -   Amended pleadings (https://www.ottawadivorce.com/forum/showthread.php?t=22381)

tilt 03-02-2019 10:04 AM

Amended pleadings
 
I am the applicant, at my Trial Scheduling conference the Judge Ordered that I could amend my pleadings by a certain date, and that the Respondent Answer by a week later. I filed my simple Pleadings but the Respondent then filed their own amended pleadings, including items that have been settled on Consent with final Orders just a few months ago.

Am I reading the Rules correctly that Final Orders should be addressed via Motion to Change? Their pleadings are a bit of a mess.

iona6656 03-04-2019 11:56 AM

so they were outside the prescribed timeline?

someone may correct me on this- but I believe they are entitled to include items they seek to litigate at trial- in their pleadings.

HOWEVER, if they are outside of the prescribed timelines- I think you can bring a motion to say their amended pleadings should not be admitted.

Aside from the re-litigation of the items settled on consent- is there anything else objectionable in their pleadings?

Do you have a lawyer?

Tayken 03-04-2019 02:02 PM

Quote:

Originally Posted by iona6656 (Post 234264)
so they were outside the prescribed timeline?

Generally, they don't apply the rules very hard to them. They are not sworn statements and change over the course of a matter. Fighting over them is a waste of time. The court will always allow late submissions on them...

Quote:

Originally Posted by iona6656 (Post 234264)
someone may correct me on this- but I believe they are entitled to include items they seek to litigate at trial- in their pleadings.

Correct. Say parties agree to a final settlement on custody and access and only equalization exists. They should update their pleadings as they are not asking the court for an order with regards to this.

Quote:

Originally Posted by iona6656 (Post 234264)
HOWEVER, if they are outside of the prescribed timelines- I think you can bring a motion to say their amended pleadings should not be admitted.

Waste of time. Courts always allow them.

Quote:

Originally Posted by iona6656 (Post 234264)
Aside from the re-litigation of the items settled on consent- is there anything else objectionable in their pleadings?

Do you have a lawyer?

The court will ignore the pleadings or make them update them to remove things that have been settled FINAL. If you settle things final then you need a material change in circumstance to change them.

Pleadings are the most ignored paperwork in family court.

tilt 03-07-2019 11:30 AM

Thanks, yes they were within the timelines but put things in that have been settled in a Final order. I don't want to spend time/energy/money on research/documents for pleadings that should actually be subject to a Motion.

Tayken 03-09-2019 10:39 AM

Quote:

Originally Posted by tilt (Post 234377)
Thanks, yes they were within the timelines but put things in that have been settled in a Final order. I don't want to spend time/energy/money on research/documents for pleadings that should actually be subject to a Motion.

Motions rely upon the motion request. Pleadings are for trial generally.


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