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| Financial Issues This forum is for discussing any of the financial issues involved in your divorce. |
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#1
12-08-2010, 11:00 AM
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Do you file a Response to the other parties Motion Affidavit?
Ok... I've got a Motion date coming up.
I served and filed the necessary paperwork, (I am the "Applicant"). Got served with Respondents Affidavit.... which is full of crap, but I digress.  Anyhoooo... does the Applicant (me), file a response to refute the crap? What is the proper procedure? |
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#2
12-08-2010, 12:41 PM
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In my experience, you can file a second affidavit refuting the claims from his response. I did this myself in a recent motion. I suggest, with my limited experience, to keep it to what is relevant to the case or the judge may get overwhelmed by material as I believe this happened in my case. To the point, relevent points with supporting evidence to refute his claims that are also relevant. Otherwise I think your just getting into an "affidavit fight" that won't do anything to help your case.
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#3
12-08-2010, 03:25 PM
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You can file another affidavit but it's not necessary. You will have an opportunity to tell the judge you disagree with the points in his affidavit when they hear the motion. Judges don't like reading paperwork.
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#4
12-08-2010, 03:31 PM
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Thanks!
I decided not to file anything further...  I appreciate your help... |
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#5
12-08-2010, 06:35 PM
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Don't forget this:
http://www.attorneygeneral.jus.gov.o..._part_8_en.pdf Confirming the Motion At least two days before the motion date you must confirm that the motion is ready to be heard. You will need to file with the court, Form 14C: Confirmation. If you do not confirm that the motion is going to proceed, it may not be able to be heard on the day that has been scheduled by the clerk. |
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#6
12-08-2010, 06:36 PM
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From the same guide:
There are usually no witnesses on a motion. Instead, you and the other party will each have a chance to tell the judge what you are asking for, or what it is you do not agree with about what the other party is asking for, and why you disagree. You may only refer to the evidence in your affidavit or other documents you have served and filed with the court, so it is very important to include all of the evidence you wish to rely on in your affidavit. So maybe it will be wise to file the evidences that the Response is full of crap. |
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