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  • 17C: Settlement Conference Brief

    Hi All,

    Okay, so i'm stuck starring at this Form 17C.

    Part 2: Issues
    Question 8:
    What are the issues for this settlement conference? What are the important facts for this settlement conference?

    So, i know it sounds simple enough and i have everything i my head, just don't know how to dump it on to paper.

    The issues are:
    1. Parenting Time (Access)
    2. Decision Making (Custody)
    3. Child Support (Set-off)

    Do you make arguments for each one of the issues above? Meaning to i here try to rationalize my points?

    Important facts:
    Is this a "brief" history of all events leading up to now? or do i focus only on "important facts" that support the issues above? Which really are all the things that have happened to this point.

    QUESTION 9: Do you want the court to make a temporary or final order about any of the issues at the settlement conference?

    I would put "yes, final order" but do i need then some how prove why it should be a final order? or based on what?

    Question 11: Are any of the issues in this case urgent?

    Here i want to answer YES, its urgent, im being drained financially, our daughter is time with her father is being diminished, a false, self-serving status quo is being created.

    Part 3: Procedural Matters

    Question 16: Have the parties finished the disclosing of documents and the questioning of witnesses?

    I would answer NO (State what has not been done) but, i'm not sure what all documents i would need later on or which witnesses would be required.

    How to answer this properly?

    Question 17: Are there any further procedural orders need in this case?
    Not sure what this means at all.

    I would want to be able to admit more evidence later on on. I this what this means? How would you properly ask for leave of the court to allow me to submit all evidence?

    What is Voir-Dire? is that applicable here?

    Question 17: ....Estimated trial time....

    I have no clue and do i need to put an estimate for the other side too?

    Thanks in advance for any suggestions/comments.

    If anyone has a sample SC brief and TMC brief pls, PM me ASAP.

  • #2
    Originally posted by Marcos View Post
    Part 2: Issues
    List out all your remaining issues, and you might want to give a quick sentence to explain what/why you're asking for.
    You can give more details later on (attached).


    Originally posted by Marcos View Post
    Important facts:
    If there are any new recent facts that have come up, you can list those... otherwise just say that the facts are attached, which you will give more details afterwards.


    Originally posted by Marcos View Post
    QUESTION 9: Do you want the court to make a temporary or final order about any of the issues at the settlement conference?
    Just say yes, final order... then you will list out the orders you would like the judge to make. Don't need to give reasons.
    You would only get them if your ex agrees, which is highly unlikely.

    Originally posted by Marcos View Post
    Question 11: Are any of the issues in this case urgent?

    Here i want to answer YES, its urgent, im being drained financially, our daughter is time with her father is being diminished, a false, self-serving status quo is being created.
    Yes, just put in what you wrote here.


    Originally posted by Marcos View Post
    Part 3: Procedural Matters

    Question 16: Have the parties finished the disclosing of documents and the questioning of witnesses?

    I would answer NO (State what has not been done) but, i'm not sure what all documents i would need later on or which witnesses would be required.
    If there are any disclosure information (financials, etc) that you need from your ex, now is the time to ask for them. Regarding witnesses, you can just write No - Premature.

    Originally posted by Marcos View Post
    Question 17: Are there any further procedural orders need in this case?
    Procedural order examples:

    -get your financial statements filed
    -get appraisal on matrimonial home and other assets
    -make on order for OCL involvement
    -have the matter placed on the trial listings

    Other orders not likely to be made:
    -interim custody
    -interim CS and SS
    -possession of matriomonial home

    You can always file more things later on... If you don't need those procedural orders made, just say No

    Originally posted by Marcos View Post
    Question 17: ....Estimated trial time....
    Just give a quick guess, based on what's left to argue about. This is not set in stone or anything... say 1 day for you and 1 day for the ex...


    On the last page, Offer to Settle... this is where you can add more things. Cross out the page and write "Attached".

    Then you can add a bunch of papers to your brief, similar to an affidavit...
    - table of content
    - Background Summary
    - Recent Events
    - Details to go against your ex's claim
    - Details to support your claim
    - Important Facts
    - Your Offer to Settle
    - and any attached exhibits/schedules you would like to add in.

    Comment


    • #3
      Originally posted by Marcos View Post
      Hi All,

      Okay, so i'm stuck starring at this Form 17C.

      Part 2: Issues
      Question 8:
      What are the issues for this settlement conference? What are the important facts for this settlement conference?

      So, i know it sounds simple enough and i have everything i my head, just don't know how to dump it on to paper.

      The issues are:
      1. Parenting Time (Access)
      2. Decision Making (Custody)
      3. Child Support (Set-off)

      Do you make arguments for each one of the issues above? Meaning to i here try to rationalize my points?

      Important facts:
      Is this a "brief" history of all events leading up to now? or do i focus only on "important facts" that support the issues above? Which really are all the things that have happened to this point.

      QUESTION 9: Do you want the court to make a temporary or final order about any of the issues at the settlement conference?

      I would put "yes, final order" but do i need then some how prove why it should be a final order? or based on what?

      Question 11: Are any of the issues in this case urgent?

      Here i want to answer YES, its urgent, im being drained financially, our daughter is time with her father is being diminished, a false, self-serving status quo is being created.

      Part 3: Procedural Matters

      Question 16: Have the parties finished the disclosing of documents and the questioning of witnesses?

      I would answer NO (State what has not been done) but, i'm not sure what all documents i would need later on or which witnesses would be required.

      How to answer this properly?

      Question 17: Are there any further procedural orders need in this case?
      Not sure what this means at all.

      I would want to be able to admit more evidence later on on. I this what this means? How would you properly ask for leave of the court to allow me to submit all evidence?

      What is Voir-Dire? is that applicable here?

      Question 17: ....Estimated trial time....

      I have no clue and do i need to put an estimate for the other side too?

      Thanks in advance for any suggestions/comments.

      If anyone has a sample SC brief and TMC brief pls, PM me ASAP.
      I read posts like this and remember when I was new.

      It was terribly frightening, and even daunting.

      No one can really tell you how to prepare your materials. It is just too difficult considering whatever your 'issues' are. No two cases are alike in the 'issues'.

      That's a bit of an over-statement, perhaps. But it also rings of the truth.

      Be aware that Briefs are essentially a way for the Judge to briefly (TAKE NO MORE OF 15 MINUTES OF HIS TIME) to read and understand what he/she will be facing between the two litigants.

      You should also be aware that 'Conferences' and the material presented for them, are not included in what is presented at trial.

      So if you mess things up, don't worry. It all gets tossed in the garbage afterwards anyway.

      What you are expected to be able to do, more so than file the paperwork all 'nice-nice' and perfect is to be able to articulate to the Judge what has or ha not changed from the original arguement presented in either your 'Application' (if you are the applicant) or your 'Answer' if you are the Respondant.

      The onus is on you and the other party to try and reach a 'settlement' before trial. So essentially, the Conference is just there to see if any movement has been made towards settlement.

      You basically filled out the form as well as you really need to in your original post - although it is not what a lawyer would prepare either.

      Essentialy, it doesn't matter either way. Just make sure you get it in on time and properly, and go ot court prepared to say "this" is what I am looking for. And "this" is why.

      Then listen VERY CArEFULLY to what the Judge says.

      Comment


      • #4
        There are so many details - one could write a book.

        Someone should, in fact.

        But also be aware that for the most part, Orders are usually only granted on Consent of both parties during a Conference.

        But Judges are smart people, and can sometime kinda 'trick' you into agreeing. So be careful - and think before you speak.

        Comment

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