14B trick

[rockscan]

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.

In his posts he made it out to be that the 14b was accepted and it would stand on it’s own but the 14a was rejected. If the entire thing was rejected yes don’t respond but if one item was accepted and it doesn’t need the second document then yes he has to respond especially since he said a judge could rule on one without the other.

He can still work on his draft response since the timelines are short and be ready to file his response when he is actually served properly and the clerk accepts the document.

I don’t think there was a trick. I think OP doesn’t understand and/or can’t explain properly. Look at his thread on making his ex follow the agreement.

[StillPaying]

I don�t think there was a trick. I think OP doesn�t understand and/or can�t explain properly.

His posts are clear. The "trick" and purpose of this thread was that he was served motion papers which weren't filed. The other side may hope OP ignores it or waits for new material, then file the 14b without OP having a say. Seems like a lot of work for a simple issue.

[rockscan]

His posts are clear. The "trick" and purpose of this thread was that he was served motion papers which weren't filed. The other side may hope OP ignores it or waits for new material, then file the 14b without OP having a say. Seems like a lot of work for a simple issue.

I agree that if the court rejected the filing he doesn't need to respond. He can, however, work on a response in case they do file properly so he isn't bogged down in short turn around for the response. Plus, since he said the clerk was confusing and he wasn't sure what happens electronically vs. at the counter, he should be watching and making sure they don't pull a fast one and claim he was already served and not serve him again. If the other lawyer is tricky like he states, it could happen.

With respect to his posts though...

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 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?

Yes, there are dates on the forms.

The 14B motion could be successful without the 14A.

And I'm not alone. I've had a few people message me saying they didn't understand what OP was saying either. I'm hoping they pop on here and comment as well.

[StillPaying]

Lol He clearly said both forms were rejected. Anyone who understands a procedural motion would know why you were wrong in each post - creating unnecessary confusion.

[podric]

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.

StillPaying got it as best as it can be got. It is so hard when authoritative people different people say different things and the rules are all laid out.



"The other side is required to file asap after service". I didn't see this in the Family Law Rules, where can I see it?

[StillPaying]

It's all in Rule 14 FLR.

They serve you and you have up to 7 days to respond. If you file the response the next day, a judge could see it the next day or two. If you wait the max 7 days, a judge should see it by day 8 or 9 - so you wouldn't see a 4week later filling.

[podric]

I think I did wrong to the lawyer that told me "maybe" the rules can change from region to region.

Here is my region:
[41] Previously filed motion materials must be scanned and re-filed by e-mail. If the previously filed materials exceed the page limits set out above, the materials must be re-drafted to bring them into compliance or leave for longer materials must be obtained by 14B motion.


If they are redrafted then I would need to be served again. Simply dropping them is not going to do. I guess they could try but I would cry foul.



So everyone was right clerks, lawyers, Stillpaying etc. thank you.

I hope someone finds this thread useful.

[podric]

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.

This has changed either temporarily or permanently.
For at least some 14B motions the 14B motion is allowed to be both What and Why and the 14A is not required.

[podric]

If a lawyer says they served you, even if it is a lie and you can prove to the counter that it is a lie the motion can still be sent to a judge.


So get an argument ready and filed for at least pointing out you were not served.

[Kinso]

If a lawyer says they served you, even if it is a lie

How can you 'prove' a negative?

[podric]

How can you 'prove' a negative?

They submitted the same 6B for two different sets of documents.

[Kinso]

Wouldn't that just be an oversight? not proof they didn't serve?

[podric]

They will not be able to prove that they initiated service.
The documents I did receive in email at the time of the 6B do not match what is filed at the court house.


Before electronic trails there must have been a lot of serving of documents that were later changed.