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  • motion vs settlement conference

    We had a case conference past September. I now wanted to book a settlement conference. My Ex refused, stating not ready, said access to our daughter is an issue, and said he intends to file a motion. I responded to the court stating that this was a tactic to avoid moving forward with the divorce and settling other issues including child support.

    Administrative judge issued an endorsement ordering Ex to serve and file his "motion materials" by 16 December. What did the judge mean by "motion materials"??.

    The earliest available dates for motions are in February 2020, and I thought that the Notice of Motion and the Affidavit are served and filed 6 days before the motion is heard. So the judge's order makes no sense, since there is no motion date yet, and like I mentioned, the earliest available dates for motions are in February. So what exactly did the judge want him to file and serve at this time by 16 Dec???

  • #2
    To file materials and book a motion date prior to the 16th. If you in a court with a huge backlog then it will happen in February. Not may courts have that kind of speed when booking motions. The only way to do it rapidly in most courts is to take the risk and file it "urgent" and even that will get rejected.

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    • #3
      What does the judge mean by « materials »? Isn’t the materials filed and served 6 days prior to the date of the motion? If the motion date is not known, how can he file the material by 16 Dec?

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      • #4
        He can file his materials any time he wants. The judge could be simply stating he is to book a motion and file the notice of motion by Dec 16 to prevent any delays.

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        • #5
          But the the judges exact words are ´I order that the respondent shall file his motion materials by 16 dec. so I thought that this meant the notice, the affidavit and whatever else there is.

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          • #6
            The Rules are designed for reasonable parties each represented by a professional lawyer. With the rise of self-reps many Judges have taken on pro-active case management where deadlines are tightened and set down by the individual Judge so that Motion Dates aren’t wasted on appearances by unprepared people who then have to wait a couple of months for the next Motion date.

            The Judge’s Orders overrule the Rules. If the materials are not served by the date in the Order (and yes, that is Notice of Motion and Affidavit), give it 5 days and then you can file a 14B Motion regarding the non-compliance.

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            • #7
              Ironically, the respondent is the one represented by a lawyer, but both are dragging out the process. I am the unrepresented party. The endorsement says that if the R doesn’t serve and file the motion material by 16 dec, I can book the settlement conference. Now a new question pops into my mind. I intend to bring in an emergency motion for child support as I have not received a penny from R for 14 months now. Should I book the settlement conference (March dates) and simultaneously file the emergency motion for child support? Or should I file the emergency motion and once there is a temporary order then book a settlement conference?

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              • #8
                Do you have any order for support from a previous conference?

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                • #9
                  Judges are also now using their discretion on deadlines because of the number of lawyers that unreasonable litigants are hiding behind.

                  CS is NOT urgent. I know it feels that way to you but “urgent” in court means child abduction or physical abuse. Basically, if the cops are pressing charges than you can file Urgent - everything else is just filed normally.

                  I would book and file the Motion for CS and *also* book the settlement conference. You want to get on the trial list ASAP (by attending all the necessary steps as quickly as possible) so final Orders can be made, and the pressure (and legal costs) of an upcoming Trial and Motions should motivate the other side to Settle (unless they are truly unreasonable, in which case, congrats! You are going to trial!)

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                  • #10
                    I don’t have any order for CS. At the case conference access to child and disclosure took up most of the time.

                    For 14 months I haven’t been receiving any CS. My two children are not able to continue their normal extracurricular activities, my son has IB school fees, and both my credit cards and homeliness are almost at limit. Meanwhile, R is hiding his cash income (handyman, flooring, etc), lying thathe has no income, but just did11 days of house renovations at one of my neighbors, so I have proof. I would file a regular motion, but that will take too long
                    When I called the courthouse today, I was told that if I have a date for a motion, then I will not be able to book a settler conference until the motion is heard. Again, I’m confused...does that mean that I can’t book a settlement conference date now for after the motion? Or just that the settlement conference cannot take place before the motion is heard?

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                    • #11
                      Yep, at that courthouse you cannot have a settlement conference until after the Motion is heard. You run the risk of no CS being Ordred since you have no proof of income (what you have does not prove the judge - they are VERY conservative about giving deadbeats/people obviously hiding assets and income the “benefit of the doubt”. Falls along the whole “innocent until proven guilty” - no income unless YOU can prove they have income via their CRA line 150. Courts do NOT know how to handle the self employed and devious. Sorry, rant over)

                      File for settlement conference and ask how to get on the trial list.

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                      • #12
                        Originally posted by tilt View Post
                        Yep, at that courthouse you cannot have a settlement conference until after the Motion is heard. You run the risk of no CS being Ordred since you have no proof of income (what you have does not prove the judge - they are VERY conservative about giving deadbeats/people obviously hiding assets and income the “benefit of the doubt”. Falls along the whole “innocent until proven guilty” - no income unless YOU can prove they have income via their CRA line 150. Courts do NOT know how to handle the self employed and devious. Sorry, rant over)



                        File for settlement conference and ask how to get on the trial list.
                        How do one get on the trial list? We have a date set for SC

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                        • #13
                          There is a management trial conference (?) I think you can combine the Settlement Conference with it. Someone else needs to give some input.

                          Comment

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