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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-13-2015, 09:15 AM
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Default Stuff in a Continuing Record..

Hi Folks... I've got a quick procedural question.

Basically I've got my first motion coming up.. to change CS as the kids are off to Uni. The continuing record is about 4" thick. If necessary, I would like to refer to items in that record (certain financial statements, couple of other filings).

Do I need to copy them out and submit with my motion "evidence"? or will the judge have the whole Continuing Record in front of him/her, and I can simply refer to that?

Thanks...
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Old 11-16-2015, 04:51 PM
OrleansLawyer OrleansLawyer is offline
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will the judge have the whole Continuing Record in front of him/her, and I can simply refer to that?
Rule 14 has:

DOCUMENTS FOR A MOTION

(9) A motion, whether made with or without notice,

(a) requires a notice of motion (Form 14) and an affidavit (Form 14A); and

(b) may be supported by additional evidence.

and

MOTION WITH NOTICE

(11) A party making a motion with notice shall,

(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date;

Citation: CanLII - Family Law Rules, O Reg 114/99

Thus, if you are making a motion, you ought to serve all of the documentation.

Form 14 provides space to list other tabs filed in the CR that you are relying on. Generally, you should include the information again anyways.

Why?
Your job, on a motion, is to persuade the judge. People who are annoyed are unlikely to find you persuasive. If the judge needs to start flipping between different CR volumes to find your documents they will become annoyed.

Is the issue for the motion important to you? If yes, consider taking the time (and paying the price) to put all of your documents together in one ease to access compilation. Perhaps it will even be CR volume 2, ensuring all of the motion material stays together. Or, if it isn't important enough to do that, consider not bringing the motion at all.
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