Case Conference and Final Orders

[Marcos]

Yes or No? Are orders at a case conference only on consent?

Are there exceptions?

Form 17A Case Conference Brief Paragraph 13 asks if you want the court to make a temporary or final order?
- How would a final order be made without consent of both parties?

From a family law website, it says "At a Case Conference, a judge can make a temporary or final order (if notice has been given)..." What exactly does that mean?

Any help and clarification would be great.

[hadenough]

I can answer some, but not all of your questions. I doubt that (m)any Final Orders are made at the CC stage.

INFO on Case Conferences:
The "Rules" provide for 3 kinds of conferences. Case Conferences (CC), Settlement Conferences and lastly, Trial Mgmt Conferences (TMC).

CC:
Purposes for, include....
- exploring the chances of settling
- identifying issues that are in dispute and those that are NOT in dispute
- exploring ways to resolve the issues that are in dispute.
- ensuring disclosure to the relevant evidence
- noting admissions that may simplify the case
- setting a date for the next step
- if possible, having the parties agree to a specific timetable for the steps to be taken in the case before it comes to trial
- organizing a Settlement Conference
- giving directions w/respect to any intended motion, including preparing a specific timetable for the exchange of material for the motion, and ordering the filing of summaries of argument, if appropriate

A "CC" generally must be held before a motion can be brought. The party who asks for the CC must serve and file a CC Notice (form 17) and must also serve and file a CC Brief - General (Form 17A) * are we having fun yet???* NOT later than 7 days before a CC. The other party must serve and file a CC Brief NOT later than 4 days before the CC.

Each party must confirm his/her attendance by filing a Confirmation (Form 14C) by 2:00 pm on the day BEFORE the Conference. The lawyers and the clients attend the conference, which may be held by telephone or video, if the Judge gives permission in advance. CC briefs do not form part of the continuing record, unless the court orders otherwise.

Source: Family Law for Legal Professionals/Carswell Keystone Series

[Tayken]

Yes or No? Are orders at a case conference only on consent?

No for technical (procedural) issues like financial disclosure etc, order for questioning on affidavit evidence, etc... Child support is also a technical issue that can be ordered at a conference. Spousal support not so much...

Yes when they are substantial issues such as custody and access of children. That would require a motion or trial to determine.

Are there exceptions?

No but, the conference judge will twist arms like crazy to get people to reach an agreement. Be prepared for both parties appearing to have the riot act read to them by the judge.

Form 17A Case Conference Brief Paragraph 13 asks if you want the court to make a temporary or final order?
- How would a final order be made without consent of both parties?

Final Orders would be on consent and would be substantial non-technical issues like custody and access. Something like that would require consent from both parties for it to be "final" ordered.

From a family law website, it says "At a Case Conference, a judge can make a temporary or final order (if notice has been given)..." What exactly does that mean?

Any help and clarification would be great.

Look up the definition of what "notice" is. If you have served the request for the order on the other party. For example if you wanted an order at the conference to be made ordering people who have supplied affidavits to appear for questioning. You have to give prior notice that you will be requesting this order.

Good Luck!
Tayken

[fatherles]

Just a question cn one bring a motion that is returnable at case conference and try to seek cost and motion is for variation of support and section 7

the opposing side did not even offer to settle the amount

[fatherles]

Just a question cn one bring a motion that is returnable at case conference and try to seek cost and motion is for variation of support and section 7

the opposing side did not even offer to settle the amount

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would any one like to coment