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Prohibited from bringing motion without leave

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  • Prohibited from bringing motion without leave

    This is a question for anyone who has been a similar situation or may have the legal information to help.

    If a party is prohibited from bringing forward a motion without leave, are they allowed to seek that leave during a unrelated hearing/motion? Do they need to start their own application for leave? Or can they piggy back on another motion or as part of their response to an unrelated motion?

    I hope this is clear, in short what I am trying to ask is this:

    What is the process involved in seeking leave to bring forward a motion? Is there anything in the Family Law Rules related to this?

    Many thanks in advance for any feedback on this.

  • #2
    Hi Nadia - I'm a bit puzzled by your post. Are you prohibited from bringing any new motions against your ex?

    I found your post to be a bit cryptic and would appreciate some additional information.

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    • #3
      No, my ex-husband is prohibited from bringing forward any further motions without first seeking leave.
      Last edited by Nadia; 09-16-2012, 07:29 AM.

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      • #4
        When a judge says no more motions without leave or no more motions before a certain time frame ..they are usually dealing with a high conflict person on a free ticket or self represented .Clogging up the courts for revenge is not looked well upon.

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        • #5
          Interesting as my lawyer is seeking to do just that to my ex. I will be quite relieved not to be dragged to court all the time. I guess he will have to pay a few thousand every time he tries as well as having to be screened before anything goes forward.

          Nadia - I hope there is no other way for your ex to bypass the order. I am meeting with my lawyer on Thursday and I'll find out what I can about this for sure.

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