We had a Trial Management Conference this past June.
She filled in her paperwork "properly" and submitted it.
Because we had made some progress with negotiating, I suggested in mine that there was no real reason for trial as we were very close on all our issues.
The judge agreed and ordered mediation to assist us.
He put some timelines in place in case the mediation was not successful.
He also put the timelines and framework together for filing of the Trial documents for the Trial dates in Nov.
Mediation did not work.
The long and short of it is as the Applicant she had to have her paperwork in on Sept 7. (Trial Management Brief and Affidavits for Trial that the judge ordered back in June)
What I recieved was an affidavit just outlining her "issues" with her position on what should be ordered and a line referencing to see her previous Trial Brief.
Her documents are nothing close to what the judge instructed us to produce.
She has offered no exhibits, no "proof" of any of her claims. Nothing. Just a lot of "poor me" and general bitching and complaining. No supported facts or legal backup to support her arguements.
My Affidavit and Responce to hers has to be completed by the end of Sept.
We are both currently unrepresented but have had counsel in the past.
My questions would be these.
She filled in her paperwork "properly" and submitted it.
Because we had made some progress with negotiating, I suggested in mine that there was no real reason for trial as we were very close on all our issues.
The judge agreed and ordered mediation to assist us.
He put some timelines in place in case the mediation was not successful.
He also put the timelines and framework together for filing of the Trial documents for the Trial dates in Nov.
Mediation did not work.
The long and short of it is as the Applicant she had to have her paperwork in on Sept 7. (Trial Management Brief and Affidavits for Trial that the judge ordered back in June)
What I recieved was an affidavit just outlining her "issues" with her position on what should be ordered and a line referencing to see her previous Trial Brief.
Her documents are nothing close to what the judge instructed us to produce.
She has offered no exhibits, no "proof" of any of her claims. Nothing. Just a lot of "poor me" and general bitching and complaining. No supported facts or legal backup to support her arguements.
My Affidavit and Responce to hers has to be completed by the end of Sept.
We are both currently unrepresented but have had counsel in the past.
My questions would be these.
- Since she has not offered proof or backup for her position on her issues, can I ask that the judge just "dismiss" her claims? If so, how does one do that?
- She will have an opportunity to Respond to my Affidavit by Oct 10th. In her Responce, can she then bring out her "proof"? I would assume she can't bring up any "new" issues, and only respond to Affidavit but I am not sure.
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