14B trick

[podric]

Help!
Lawyer tricks, this guy knows many loopholes and tricks.

I was served a 14B motion and in a separate document a 14A affidavit to support the 14B motion but the 14B motion may simply be able to stand on its own as what they are requesting is sometimes allowed.

The 14B motion is asking for a procedural change I do not want.


I called the counter clerk about page limits and they said it was 2 pages of narrative and 3 pages of evidence. I cannot find this in the notice to profession. They filed 2 pages of narrative and 9 pages of evidence.


The clerk stated they rejected the filing but they were very confusing. They said I could file a response so that when the other side refiled my response was already there and could go to a judge. How am I supposed to file a response if I didn't get served the 14a yet?


Does the 14B motion form get accepted?
Does the 14A narrative portion get accepted and the 14A evidence section rejected?



If I do not respond will the 14B go to a judge without an affidavit to be ruled on?

[rockscan]

I was served a 14B motion and in a separate document a 14A affidavit to support the 14B motion but the 14B motion may simply be able to stand on its own as what they are requesting is sometimes allowed.

Ok so you have the other sides argument in advance.

The 14B motion is asking for a procedural change I do not want.

They are allowed to argue it regardless of how you feel.

The clerk stated they rejected the filing but they were very confusing.

Good news, you have time to draft your argument in response to materials they served you.

They said I could file a response so that when the other side refiled my response was already there and could go to a judge. How am I supposed to file a response if I didn't get served the 14a yet?

So file a response. You said you were served with both documents. Review them, get the response together and file it.

If I do not respond will the 14B go to a judge without an affidavit to be ruled on?

Was there a date on any of the documents? If no then they don’t have a date for it to be heard. You will have time to file your documents and the other side will have a chance to refile properly. Don’t sit wringing your hands over this and/or avoiding it because you don’t agree. You can respond so put together your response in light of the documents YOU have and get them ready to be filed.

[podric]

That is a confusing response for me and I do not know how feelings got brought into this.
I do not know what their argument is as they may have filed a red herring.


So what do I respond to?
-the 14B motion form
or

-The 14B motion form and 14A Affidavit narrative (that will lack evidence)



Yes, there are dates on the forms.

[rockscan]

You know what is in their filings. They obviously served you and the court but the court rejected their filing. So you know what they are asking for and can respond accordingly.

Is there a date for the hearing of this motion? If yes, count the time for you to file. Say they refile the documents today, you have a set number of days to respond. Or you can simply file your response now since the court accepted part of their filing.

It’s not rocket science. They want something so they filed a motion. You have a copy of both documents. Put together your responding argument and file it.

For instance, they filed for an adjournment, you file your response outlining why they shouldn’t get an adjournment. Or they filed a motion for disclosure. You respond-accordingly.

[podric]

^^^None of this that rockscan said makes sense to me because
It is a 14B motion so there is no hearing date.
The item was filed electronically so the 14B and the 14A that went with it were both rejected. I was never informed, I had to ask.
===================


Start again:
I was served a 14B motion and 14A for a procedural change I did not want.
The Applicant filed those documents and they were rejected because the 14A was too many pages.
I was told they have to re-serve me before filing the 14B. Is this 100% true?

What is to stop them from serving me on March 15, 2022 and filing March 29, 2022. The rules only cover filing deadlines for responses.


What is to stop them from writing a motion, serving me and watching me waste my time on a response?

Should I serve, and file my 14B response and supporting affidavit anyways?

[rockscan]

Help!
Lawyer tricks, this guy knows many loopholes and tricks.

I was served a 14B motion and in a separate document a 14A affidavit to support the 14B motion but the 14B motion may simply be able to stand on its own as what they are requesting is sometimes allowed.

The 14B motion is asking for a procedural change I do not want.


I called the counter clerk about page limits and they said it was 2 pages of narrative and 3 pages of evidence. I cannot find this in the notice to profession. They filed 2 pages of narrative and 9 pages of evidence.


The clerk stated they rejected the filing but they were very confusing. They said I could file a response so that when the other side refiled my response was already there and could go to a judge. How am I supposed to file a response if I didn't get served the 14a yet?


Does the 14B motion form get accepted?
Does the 14A narrative portion get accepted and the 14A evidence section rejected?



If I do not respond will the 14B go to a judge without an affidavit to be ruled on?

Good lord you make things difficult.

You are in BC correct? A 14B is for an order on consent. Which means opposing counsel is claiming you agreed to something you didn’t. They fucked up their filing. Meaning you know what they are claiming and have the ability to respond without anymore games.

Maybe they won’t file it again, maybe they will. Maybe they are playing games maybe they are not. The thing you need to worry about is making sure the court knows you did not consent to what they have filed.

So you need to file your own materials outlining you did not provide consent. Nothing else matters. You should file something to make sure the court has materials that say they are lying. What does it matter what deadlines there are or when they file?

[podric]

I don't see how asking for filing procedure = being difficult.
I thought this was an Ontario forum and I am in Ontario.


So a 14B is not for a hearing date.
A 14B is not for an order on consent.
I looked up a B.C. 14B form and it is not listed in the Family Court Forms page I saw.
This isn't about my feelings.


Are you OK, are you trolling me.
I just hope for an informed response here.

[StillPaying]

Don't file anything!

They don't need to serve the 14b form again if there are no changes, but they'll definitely need to serve a new 14a. You can start preparing an answer now, but I wouldn't waste your 1 filing on a guess. You'll have time to respond once you're actually served.

[podric]

Don't file anything!

They don't need to serve the 14b form again if there are no changes, but they'll definitely need to serve a new 14a. You can start preparing an answer now, but I wouldn't waste your 1 filing on a guess. You'll have time to respond once you're actually served.

The 14B motion could be successful without the 14A.
They are not allowed to respond to my response as per the rules

Reply to response not permitted, motion form

(11.6) A party who uses a motion form (Form 14B) and who is served with a response to it may not serve or file a reply. O. Reg. 298/18, s. 10 (2).

The clerk said they would have to serve everything again (meaning I am entitled to file a response) because it was submitted electronically, if they submitted to the counter it might be different.


Clerks have been wrong before so I afraid of getting ambushed by them not servicing me again and simply filing the 14B like you said. I don't know where the process rules are written. They are not in the Family Law Rules.


I am worried that if I put in a 14A with my 14B response I say too much and shoot myself in the foot, not that I am morally wrong but I don't know the ropes. Talking to a judge is like talking to a cop, you don't want to innocently say something to get you in trouble.


I also need to know the process going forward.

[podric]

The motion form has a check box to choose 1 of 2:
"Making this motion"

"Respond to a motion (14B) already filed"


They didn't file yet!

[StillPaying]

Don't over think this.

Forms 14b, what you want, and 14a, why you want it, go together.

You need to be served everything before it's filed. Nothing has been filed yet so there's nothing to respond to. Once you have their affidavit, you can respond accordingly.

[rockscan]

14B trick

Are you OK, are you trolling me.
I just hope for an informed response here.

Im not trolling you. I had originally thought you were in Ontario but then wondered if you were in Bc with all your confusion in your response.

My original response stands which is you have their original motion filing and you know what they are asking for. You can still draft your response to have it ready for filing when they get their shit together. When they file is irrelevant to you putting together your response to have it ready to go.

[podric]

My responses are pretty darn clear given what i am detailing.
So I asked the clerk:
If I serve a 14B motion today and do not file it, the other party has to file a response within 7 days? Yes.
If I wait 4 weeks before I file my served documents is that OK? Yes.


clerk: Do I need to be re-served if the original combination is rejected? Yes.



A court lawyer's answer: "Ideally" not yes or no, "ideally". So maybe it depends on the clerk?


May as well fill in 14B motions, serve them and wait to see what the response is then refile for a better chance. It don't make sense but it seems a strategy.



I asked a lawyer if I should serve/file a response: "you don't want to look difficult"
I ask maybe I should have filed a 14B and demanded the single date I wanted in court? "Yes, maybe".


So if everyone is very confused/uncertain about responding to 14B motion OR if being an whiny ahole and demanding you want things the way you want them no matter the inconvenience to others welcome to the party.


I still don't know and if that lawyer is reading this they are laughing their ass off.

[rockscan]

Wow.

You are making this more confusing that it needs to be or as SP said “overthinking it”.

Your ex filed a motion. Full stop.
Their motion had two documents and one document was rejected. Full stop.
You said one of the two documents they filed can stand on it’s own and it was the document that wasn’t rejected. Full stop.

Meaning, if you are correct that the one document the court did not reject could stand on it’s own and have a decision rendered, why would you not respond to that?

On the other hand. If you do not want to respond until the rejected document is refiled that works too but you can start putting together your response to their motion when it gets filed properly.

If there is a document filed with the court that a judge could rule on, why would you not respond to that document?

[StillPaying]

Wow.

You are making this more confusing ...

Your ex filed a motion. Full stop.
Their motion had two documents and one document was rejected. Full stop.
You said one of the two documents they filed can stand on it�s own and it was the document that wasn�t rejected. Full stop.

No, no and no.

OP was served 14b motion (forms 14a/b) material but the other side was unable to file any of it. Therefore, there is no motion or any need for a response. Showing up to court to file a response to a nonexistent motion; I don't see how/why they'd accept it.

The other side is required to file asap after service. Most likely the other side will correct, serve and file new material. Otherwise the "trick" may have been forcing OP to waste time responding?!

They may sneak file the already served and unchanged 14b form but it would be days, not weeks. If you're worried, call the court every few days for a week to see if anything was filed.

With all that, this is a procedural motion. Simple - yes/no, allow it/don't allow it, easy stuff. No need to see a judge and the moving party doesn't get or need to reply. This should be very simple.