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  • AFFIDAVIT and Letters

    Hello my question is are letters good to summit as evidence in court or do I have to have affidavits.
    Might seem like a petty issue but the Lawyer representing my wife in my opinion is not following the requests made by the court. Example at a pre trial Conf the judge listed a number of Items that had to be submitted to the court on a certain date. The Lawyer filed the pre trial brief that was requested but the other Three items have not been filed with the court what can I do.
    Is it Necessary to file a copy of the marriage Cert with a petition for Divorce?
    If it is Necessary to file it then what could I do if it was not filed.

    thank you
    dvr

  • #2
    Hi dvr,

    I would say it really depends on what is being submitted. Documents such as court transcripts, FRO arrears statements, assessments, etc. can be submitted on their own. If, however, you want to submit letters that are more like statements from other people that discredit the other party in some way, IMO these would have to be submitted as exhibits to an affidavit.

    Not only is it absolutely necessary to file the marriage certificate, it must be the original. Sometimes you can get away with filing a copy, but it really depends on the clerk you get at the counter. You may ask for the original back once your divorce has been completed. The courts will not allow for a divorce to complete unless the certificate is filed at the time the application is issued or when the affidavit for divorce is filed.

    Lindsay

    Comment


    • #3
      dvr,

      just a comment in regards to letters from individuals

      In Desouza v. Desouza, 2002 WL 36331 (Ont. C.J.), before the honorable Katarynych J

      Paragraph 4 and 5 of the Judgement

      4 I made these findings without regard to materials filed in the motion that did not constitute admissible evidence, notably:

      • letters of support appended as exhibits to certain affidavits; and

      • a brochure appended to the father's affidavit as proof that he had registered for a parenting skills course.

      5 Self-serving letters of support are not evidence. The adjudication is not a popularity contest. A brochure is not proof of registration, nor is registration proof of any benefits obtained from a course of this nature.

      That being so, it would be best to have the author of these letters to complete their own affidavit and have it sworn to prevent the material from being disregarded or struck by the Judge.

      lv

      Comment


      • #4
        Great thinking LV. Thanks for the clarification!

        Comment

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