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  #1  
Old 02-04-2021, 05:41 PM
momof2teenboys momof2teenboys is offline
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Default Is there a specific form for disclosure? (regarding request for information)

We had a case conference in january and were given endorsement that we can serve other party with request for information (form 20).



Answers are to be provided "in affidavit form including all third party requests and responses". So as I'm gathering what's needed - a couple of questions -
Is there a specific form I should fill and sign to attach to my items?
For the items I've had to seek out from a third party - would they also need to provide a signed/sworn affidavit? I can ask this of personal requests but letters from schools and businesses??
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Old 02-04-2021, 06:50 PM
rockscan rockscan is offline
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I believe any statements from others have to be an affidavit but letters can be an exhibit. For instance, you have to provide five documents including a letter from the school outlining kids attendance. You would file an affidavit that each of the five items are true. It would have individual items.


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Old 02-04-2021, 07:13 PM
momof2teenboys momof2teenboys is offline
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Quote:
Originally Posted by rockscan View Post
I believe any statements from others have to be an affidavit but letters can be an exhibit. For instance, you have to provide five documents including a letter from the school outlining kids attendance. You would file an affidavit that each of the five items are true. It would have individual items.


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So any documents provided to me by others I can file an affidavit that they are true. - that makes sense


Any idea how I would submit my answers to other party's form 20? Is there a blank disclosure form that I can sign/swear affidavit that all my answers and attachments are true?
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Old 02-04-2021, 08:43 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by momof2teenboys View Post
So any documents provided to me by others I can file an affidavit that they are true. - that makes sense
You swearing someone else is telling the truth has no value.
3rd Parties swearing their own affidavit would have little value.
Calling 3rd Parties as witness to be cross examined, high value (if relevant)

Quote:
Any idea how I would submit my answers to other party's form 20? Is there a blank disclosure form that I can sign/swear affidavit that all my answers and attachments are true?
There's nothing to submit. You are gathering the information to use for a motion or trial when the time comes.
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Old 02-04-2021, 10:31 PM
momof2teenboys momof2teenboys is offline
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Yes this was why I was confused.

Our next conference date isn’t for months. Our answers to each other's request for information is due next month “in affidavit form....”

If I was including it in my next brief I wouldn’t include anything like letters that were personal in nature - as they would be worthless. But if OP has requested these personal items???

Whenever we’ve exchanged annual disclosure (NOA’s etc) we just email them. this seems like an added step and I don’t want to mess it up
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Old 02-04-2021, 11:08 PM
StillPaying StillPaying is offline
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"In affidavit form" to me suggests you would swear your answers to be true, and 3rd parties would get their letters sworn as well before providing them to your ex. Just because something is requested in Form 20 though doesn't mean you have to provide it if it's not relevant.
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Old 02-05-2021, 11:17 AM
momof2teenboys momof2teenboys is offline
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Do you think attaching a signed and sworn (by me) cover letter to the package of disclosure would be sufficient.

The items that would come from third parties are either institutions or businesses ie - manulife or bmo
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Old 02-05-2021, 12:17 PM
rockscan rockscan is offline
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Quote:
Originally Posted by momof2teenboys View Post
Do you think attaching a signed and sworn (by me) cover letter to the package of disclosure would be sufficient.

The items that would come from third parties are either institutions or businesses ie - manulife or bmo

I would do a sworn affidavit and have a bulleted list.

Example

1. Standard opening statement swearing the information is true.
2. The respondent has requested a current balance of an account at bmo. I have attached a statement dated xyz from the bank of montreal showing a balance of abc at exhibit a.
3. The respondent has requested proof of life insurance totalling $200,000. I have attached a current statement of account from manulife showing the total life insurance of $200,000 at January 1, 2021.

Etc.


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Old 02-05-2021, 01:49 PM
momof2teenboys momof2teenboys is offline
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Quote:
Originally Posted by rockscan View Post
I would do a sworn affidavit and have a bulleted list.

Example

1. Standard opening statement swearing the information is true.
2. The respondent has requested a current balance of an account at bmo. I have attached a statement dated xyz from the bank of montreal showing a balance of abc at exhibit a.
3. The respondent has requested proof of life insurance totalling $200,000. I have attached a current statement of account from manulife showing the total life insurance of $200,000 at January 1, 2021.

Etc.


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Thanks - that's what I'll do
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Old 02-05-2021, 08:34 PM
Kart321 Kart321 is offline
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Quote:
Originally Posted by momof2teenboys View Post
Yes this was why I was confused.

Our next conference date isn’t for months.
If you don't mind me asking how long after your case conference is your next conference? I am in Ontario and trying to gauge how long it will take. My case conference is in a few months.
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