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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-11-2020, 04:39 PM
sahibjee sahibjee is offline
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Default Timing of 14A

So we have a motion on Monday at 9 AM and I just got served with a 14A of 9 pages. I have no time to respond before the court closes. What is the right thing to do here?
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Old 09-11-2020, 04:49 PM
rockscan rockscan is offline
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Who booked the motion? Is the document in response for that motion or an additional motion?
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Old 09-11-2020, 04:51 PM
sahibjee sahibjee is offline
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Quote:
Originally Posted by rockscan View Post
Who booked the motion? Is the document in response for that motion or an additional motion?
The other party brought the motion, we responded, and now she responded
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Old 09-11-2020, 05:02 PM
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She can file a response to your response if that is what that is. If its a new motion in response to your document it isnt allowed.
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Old 09-11-2020, 05:17 PM
sahibjee sahibjee is offline
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its just says 14A. not a "response to response"
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Old 09-11-2020, 07:05 PM
rockscan rockscan is offline
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I mixed up the forms. Its an additional affidavit.

If you adjourn it simply means an additional delay and more shit she can say.

I say make a list of the dispute item by item and bring it with you. When you get your chance to speak lay out that you received the materials late, you disagree with points xyz and be done with it.

If the affidavit is full of irrelevant and unnecessary details its not worth mentioning. Let her hang herself.
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Old 09-15-2020, 02:08 PM
rockscan rockscan is offline
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What ended up happening?
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Old 09-19-2020, 08:52 AM
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Look at Rule 14(20) of the Family Law Rules - it sets out what evidence is permitted:


The following restrictions apply to evidence for use on a motion, unless the court orders otherwise:

1. The party making the motion shall serve all the evidence in support of the motion with the notice of motion.

2. The party responding to the motion shall then serve all the evidence in response.

3. The party making the motion may then serve evidence replying to any new matters raised by the evidence served by the party responding to the motion.

4. No other evidence may be used.


In some cases, it may make sense to serve and file additional material, but then the motions judge can always choose not to accept it. Typically, as long as you have a good reason for serving the additional material, the motions judge will accept it.


Note in #1 and #2 the rules do say "all evidence". Additional material should really only deal with matters that could not have been anticipated at the time you originally filed your initial materials.
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Old 09-19-2020, 09:27 AM
LovingDad1234 LovingDad1234 is offline
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Doesn’t that give a “leg up” or advantage to the petitioner? The Applicant files a Motion, the Respondent has rebuttal, and THEN the Applicant is given the opportunity to shut down the rebuttal, but the Respondent has no ability to defend their rebuttal after the Applicant refutes it....
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Old 09-19-2020, 06:50 PM
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The reply affidavit (step 3) is only supposed to deal with any new matters raised in the Respondent's affidavit. So there should not be anything else that the Respondent needs to state.

As a practical matter, it can happen that the reply affidavit does raise new matters. In that case, the Respondent can:

(i) ask the Judge to strike the new matters, or

(ii) serve another affidavit dealing with new matters and asking the Judge to accept this (you likely want to do this in any case, as the Judge may not strike what you are asking to strike).

It can get confusing too when there are cross-motions, so then some material in an affidavit is for the cross-motion, and some material in the affidavit is a response. There would normally be a fourth affidavit in that case.

Ultimately, a court is looking at necessity and fairness. If the evidence is necessary, and there is no fairness problem because each party had an opportunity to respond to the information provided by the other, the court will normally allows additional affidavits.

This is particularly the case for parenting issues, as the court wants the most complete and reliable record of relevant information to make these decisions.
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