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  • Case Conference briefs

    the STBX's lawyer has submitted a 28 page case conference brief..

    they're bringing up stuff in the brief that in NO way is relevant to the case (I believe anyways).

    I'm trying NOT to incriminate myself by posting it here in this thread but it's childish crazy stuff..bringing up stuff from my past relationships...where my bio daughters live...the opposing counsel is asking for proof of their schooling and tuition!! really???



    driving me insane..my lawyer has responded perfectly...it's not a 28 page response but it answers MOST of the questions

    Is a judge really going to go through a 28 page report and make a suggestion?? 28 pages??..I mean...define "brief" for me???

    I mean has anyone else had to deal with this kinda gibberish??..it's just plain CRAZY!!!

    seriously..how do you handle it...any advice??

  • #2
    Ask for costs, as a result of their complicating, prolonging the process (and increasing your legal bill) by raising irrelevant points.

    Comment


    • #3
      Originally posted by dinkyface View Post
      Ask for costs, as a result of their complicating, prolonging the process (and increasing your legal bill) by raising irrelevant points.
      true...but they've already stated they're expecting me to pay the costs..go figure!!

      Comment


      • #4
        You won't get what you don't ask for.
        For anything that is not relevant you write a single bullet point:

        In regards to applicants affidavit, points 1-x, y and z, I do not believe these items are relevant to the issues before the court and believe that applicant is including them to be vexatious.

        Answer the relevant points and provide exhibit evidence to back up your position. If you claim you pay X for schooling, show the payment being made as part of your financial info.

        Comment


        • #5
          Also I once filed a 60 page responding document. Long winded items like that can piss the judge off. Keep your affidavits short, factual and to the point. The actual affidavit should be no more than 10-15 points or two pages whichever is less.

          Pile in the exhibit evidence, its not as important re: limits. Judges will read the first page....maybe 2 of the affidavit, and will skim the rest. Exhibits are there to collaborate your claims made in the bullet points. Judge may reference them but are unlikely to read the entire thing.

          Comment


          • #6
            Originally posted by NBDad View Post
            You won't get what you don't ask for.
            For anything that is not relevant you write a single bullet point:

            In regards to applicants affidavit, points 1-x, y and z, I do not believe these items are relevant to the issues before the court and believe that applicant is including them to be vexatious.

            Answer the relevant points and provide exhibit evidence to back up your position. If you claim you pay X for schooling, show the payment being made as part of your financial info.
            vexatious!!...I'm using it!!

            my point (really) is WHY do I have to "cave in" 9(or lack of a better term) to stuff that really isn't relevant??

            I know, I know...keep cool and just follow the rules

            Comment


            • #7
              Originally posted by Leviathan View Post
              my point (really) is WHY do I have to "cave in" 9(or lack of a better term) to stuff that really isn't relevant??
              Because family court is not the place to argue about whose momma is uglier!

              Judges love parents who can put aside the emotional crap and focus on what's best for the kids.

              Why do you think you are 'caving in'?

              Comment


              • #8
                Originally posted by dinkyface View Post
                Because family court is not the place to argue about whose momma is uglier!

                Judges love parents who can put aside the emotional crap and focus on what's best for the kids.

                Why do you think you are 'caving in'?
                Hey dinky (ok that sounds weird). Lol

                "Caving in" was just what came to mind..bad choice of words

                I'm just pissed off the the opposing counsel can ask for that kinda crap!!

                I'll wait till I speak with my lawyer on Thursday and see if I really need to produce the papers she's requesting!!

                I mean legit stuff, sure..t4's, etc, but proof of my bio daughters tuitions?? Their place of residence?? Wtf?? What's she getting at??

                I mean there's more requests that are uncalled for really but the above 2 just really got my angry!!

                Comment


                • #9
                  Originally posted by NBDad View Post
                  In regards to applicants affidavit, points 1-x, y and z, I do not believe these items are relevant to the issues before the court and believe that applicant is including them to be vexatious.

                  Answer the relevant points and provide exhibit evidence to back up your position. If you claim you pay X for schooling, show the payment being made as part of your financial info.
                  Great advice! I am so using this.

                  Comment


                  • #10
                    Vexatious was used deliberately. It SHOULD make a half competent lawyer take a step back. You DO NOT want your client being deemed a "vexatious litigant".

                    Keep dropping that term if they keep tossing irrelevant crap at you. It's hard to prove, but if you can manage it'll drop the BS to almost nil. (Vexatious litigant needs the court's PERMISSION to even START a motion...basically forces them to go before a judge and say "I want to do X, because Y".

                    If they don't have a good enough reason, the judge won't allow it to go forward.

                    Comment


                    • #11
                      Originally posted by NBDad View Post
                      Vexatious was used deliberately. It SHOULD make a half competent lawyer take a step back. You DO NOT want your client being deemed a "vexatious litigant".

                      Keep dropping that term if they keep tossing irrelevant crap at you. It's hard to prove, but if you can manage it'll drop the BS to almost nil. (Vexatious litigant needs the court's PERMISSION to even START a motion...basically forces them to go before a judge and say "I want to do X, because Y".

                      If they don't have a good enough reason, the judge won't allow it to go forward.
                      thanks NBDad..

                      can you give me an example where vexacious could be used??

                      I'll give you one I think is pretty relevant in my case.

                      Opposing counsel and the current STBX (the one I'm going to court with now) bringing up in their CC Brief that they believe my bio children (who live elsewhere and have nothing to do with current relationship) shouldn't be receiving any CS because they're no longer children of the marriage.. (something along those lines...I don't have their brief in front of me).

                      I'm P***ED NbDad!!

                      again...how is that relevant in my case with the current STBX??..

                      Comment


                      • #12
                        I thought vexatious litigant was more like someone who keeps coming back to court for the same thing over and over, or variations on the same thing. With the intent to be, you know, vexing.

                        Comment


                        • #13
                          Vexatious litigant...ummm let's see if I can find a workable definition...

                          Ok, can't believe I am going to use Wikipedia...but

                          Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

                          A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

                          Comment


                          • #14
                            Opposing counsel and the current STBX (the one I'm going to court with now) bringing up in their CC Brief that they believe my bio children (who live elsewhere and have nothing to do with current relationship) shouldn't be receiving any CS because they're no longer children of the marriage.
                            Worthy of a single bullet point response.

                            something along the lines of:

                            "Bio-child A is currently enrolled in full time studies @ $postsecondary, Bio-child B is currently enrolled in full time studies @ $postsecondary. Being enrolled in full time studies at a post-secondary institution would meet the standard legal definition of a "child of the marriage" and as such they are entitled to receive support until they are no longer "children of the marriage." As such, Bio-Child A and B continue to receive support.

                            Comment


                            • #15
                              Originally posted by NBDad View Post
                              Worthy of a single bullet point response.

                              something along the lines of:

                              "Bio-child A is currently enrolled in full time studies @ $postsecondary, Bio-child B is currently enrolled in full time studies @ $postsecondary. Being enrolled in full time studies at a post-secondary institution would meet the standard legal definition of a "child of the marriage" and as such they are entitled to receive support until they are no longer "children of the marriage." As such, Bio-Child A and B continue to receive support.
                              NBdad..how would u like an all paid expense trip out to Ontario for a week??? I'd like ur help!!

                              That's PERFECT!! So I don't need proof of their schooling or entitlement (like she's asked) to shut her up??

                              Comment

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