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    Can family court documents be served to the other party via email?

  • #2
    With consent or court order. Not as of right.

    Comment


    • #3
      Which province are you located in? I'm going to assume Ontario for now:


      To add to what Kinso mentioned, here are the actual rules:

      https://www.ontario.ca/laws/regulation/990114


      See, "Rule 6: Service of Documents"

      (e) if the person consents or the court orders, emailing a copy to the person’s lawyer or, if none, to the person. O. Reg. 114/99, r. 6 (2); O. Reg. 140/15, s. 1 (1, 2); O. Reg. 235/16, s. 1 (1).

      And depending on what documents you are talking about. Some can use regular service, some require special service.

      Comment


      • #4
        In addition to dad2bandm, there are things that need to be added to the email that are found in the Family Law Rules. If the other party provides consent, when you send the email, you will need to clearly outline the name of the document, the total # of pages being emailed, and provide contact information in your email on how to be in contact should there be an issue with receiving the documents. When filing your Affidavit of Service at the court, the clerk will want to see proof that you received consent of the other party for emailed service.

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        • #5
          Just to tac onto this... around service....

          with covid how are people doing special service? Most law offices are closed.... is email still suitable for special service during this time, or do you serve the other party at their home (instead of lawyer due to restrictions)??

          Comment


          • #6
            Read the family law rules.
            Some forms can be served by email (affidavits is an example).
            The ones that cannot be served by email are listed.

            Some forms need to be commissioned....others don't but I think it depends on the region. There is no rhyme or reason to which ones need commissioned.

            I am sorry I do not have the section for this at this time.

            Comment

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