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Who is allowed to file paperwork on my behalf with the court?

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  • Who is allowed to file paperwork on my behalf with the court?

    At the moment, I am not represented by counsel and I wanted to know who is allowed to file paperwork such as motions and affidavits regarding my case with the court on my behalf? Am I able to get my fiancé or a friend to file them when I am not available?

  • #2
    They are allowed to file. Additionally, get them to serve your Family Docs and complete Affidavit of Service.

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    • #3
      Thanks Logical. Can they only file them if they are the ones serving them? Is it all or nothing? I mean, I know I have to commission affidavits and stuff but someone else can serve them and file them with the court after?

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      • #4
        I'm not aware of restriction with respect to who actually files the Document's - But there is a restriction on who actually serves some documents.

        Read Rule 6, and particular subrule 4.1 and 4.2

        Courts of Justice Act - O. Reg. 114/99

        SPECIAL SERVICE — RESTRICTION ON WHO MAY SERVE

        (4.1) Subject to subrule (4.2), special service of the following documents shall be carried out by a person other than the party required to serve the document:
        1. An application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N).
        2. A motion to change (Form 15) and change information form (Form 15A) or affidavit permitted under subrule 15 (22), with required attachments.
        3. A document listed in subrule (4). O. Reg. 6/10, s. 1.

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