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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 03-09-2007, 03:41 PM
dvr dvr is offline
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Default I made Interim Application

Hello I made an interim application to have the sale of assets held intrust until the court has heard the divorce case.
My application has been accepted by the court with the message "the interim hearing will ba a cros on affidavits and will deal with only the issue of the proceeds from the sale of property.

I looked up this information, however I don't realy understand it. Any help would be appreciated.

EVIDENCE BY CROSS-EXAMINATION ON AFFIDAVIT
On a Motion or Application
39.02 (1) Where a party to a motion or application has served every affidavit on which the party intends to rely, and has completed all examinations under Rule 39.03, he or she may cross-examine the deponent of any affidavit served by a party who is adverse in interest on the motion or application.
(2) A party who has cross-examined on an affidavit delivered by an adverse party shall not subsequently deliver any affidavit for use at the hearing or conduct an examination under Rule 39.03 without leave or consent, and the court shall grant leave, on such terms as are just, where it is satisfied that the party ought to be permitted to respond with evidence in the form of an affidavit or a transcript of examination conducted under Rule 39.03 to any matter raised on the cross-examination.
To be Exercised with Reasonable Diligence
(3) The right to cross-examine shall be exercised with reasonable diligence, and the court may refuse an adjournment of a motion or application for the purpose of cross-examination where the party seeking the adjournment has failed to act with reasonable diligence.
Additional Provisions Applicable to Motions
(4) On a motion other than a motion for summary judgment or a contempt order, a party who cross-examines on an affidavit,
(a) shall, where the party orders a transcript of the examination, purchase and serve a copy on every adverse party on the motion, free of charge; and
(b) is liable for the party and party costs of every adverse party on the motion in respect of the cross-examination, regardless of the outcome of the proceeding, unless the court orders otherwise.
EVIDENCE BY EXAMINATION OF A WITNESS
Before the Hearing
39.03 (1) Subject to Rule 39.02(2) a person may be examined as a witness before the hearing of a pending motion or application for the purpose of having a transcript of his or her evidence available for use at the hearing.


Thank You
dvr
  #2  
Old 03-09-2007, 06:00 PM
logicalvelocity logicalvelocity is offline
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Default

dvr,

what is

Quote:
will ba a cros on
as listed in your second paragraph?


lv
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Old 03-10-2007, 05:41 AM
dvr dvr is offline
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Default Sorry for misspelling of cross

the interim hearing will be a cross on affidavits and will deal with only the issue of the proceeds from the sale of property.
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Old 03-11-2007, 10:39 PM
logicalvelocity logicalvelocity is offline
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dvr,

Strange rules of procedures

It appears from what you have mentioned that the hearing has a confined scope. Questions are limited to the proceeds of the property.

It appears affidavits are used for such examination hearing.

It further appears that you have to seek the courts permission if you find any discrepancies, and the other party has an opportunity to respond once leave of court is granted to file additional reply material.

In what Jurisdiction are the rules in force?

lv
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Old 03-12-2007, 06:48 PM
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Default In what Jurisdiction are the rules in force?

Nova Scotia
Thank You
dvr
  #6  
Old 03-16-2007, 04:38 PM
logicalvelocity logicalvelocity is offline
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dvr,

I came across this case in regards to evidence by cross examination on affidavit.

H.M.Y. v. T.G.Y., 2006 NSSC 185 (CanLII),
http://beta.canlii.org/eliisa/highli...06nssc185.html

pdf
http://beta.canlii.org/en/ns/nssc/do...006nssc185.pdf

Might be helpful.

lv
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