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  • Trial Record

    My ex is the Applicant in our court proceedings.

    Trial is set for the first week of August, 2011, I read in the Procedures for family law that the "moving party is to serve all parties with a trial record.

    Thirty days have passed in my case and I have not been served with a trial record.

    How is it determined who is the "moving party"?

    What is going on?

  • #2
    Who filed the application to change? Who has the grievence that requires the courts to resolve?

    Comment


    • #3
      The application was put forth by my ex hence he is the Applicant.

      Does this not mean he is the Moving Party throughout these proceedings.

      We both agreed to set a trial date, however I have received no documents from them let alone trial management with a Judge.

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      • #4
        [QUOTE=Looking4Answers;70631]The application was put forth by my ex hence he is the Applicant.

        Does this not mean he is the Moving Party throughout these proceedings.


        Not necessarily, I was the respondent in my trial , however I was referred to as the moving party. It does appear he is the moving party if he filed the application.

        Do you have a lawyer or self rep'ed?
        Have you held case conferences, endured motions and had a settlement conference?

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        • #5
          Why were you the moving party in your trial?

          The Application is the first court document filed in the proceedings.

          Whoever files the application becomes the Applicant.

          I'm still confused.

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          • #6
            one the applicant, always the applicant, even in further court cases. For example, though my husband is listed as the respondant, he is the moving party because he brought the action/motion forward. She is the applicant because she had been the first one to apply to court at some point early on. Clear as mud, sorry.

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            • #7
              That's why I like the term moving party

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              • #8
                My trial is set for September, I am the Applicant. At the last Case Conference in May, the judge ordered us to trial but clearly stated in his Endorsement that no Trial Record was required.

                Have you read the endorsement from the judge from your last Case Conference? Perhaps there is the same type of note.

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                • #9
                  Received the Trial Record today, it is only 18 days late.

                  With Trial August 5, 2011, I can only assume there is no trial management now?

                  When was the Trial management suppose to occur?

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                  • #10
                    How did it go????

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                    • #11
                      Originally posted by Looking4Answers View Post
                      Received the Trial Record today, it is only 18 days late.

                      With Trial August 5, 2011, I can only assume there is no trial management now?

                      When was the Trial management suppose to occur?
                      There is Trial Management prior to trial generally. Read the specific rules for the jurisdiction you are in.

                      You can call the trial coordinators office to get the information. It all depends on were you are on the trial list. You may not be even heard in the sittings if they determine the issues are not as important as other cases.

                      Good Luck!
                      Tayken

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