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Old 09-10-2010, 09:10 AM
Cobourg Cobourg is offline
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Default Trial Managment Documents and Process

We had a Trial Management Conference this past June.
She filled in her paperwork "properly" and submitted it.

Because we had made some progress with negotiating, I suggested in mine that there was no real reason for trial as we were very close on all our issues.

The judge agreed and ordered mediation to assist us.

He put some timelines in place in case the mediation was not successful.
He also put the timelines and framework together for filing of the Trial documents for the Trial dates in Nov.

Mediation did not work.

The long and short of it is as the Applicant she had to have her paperwork in on Sept 7. (Trial Management Brief and Affidavits for Trial that the judge ordered back in June)
What I recieved was an affidavit just outlining her "issues" with her position on what should be ordered and a line referencing to see her previous Trial Brief.

Her documents are nothing close to what the judge instructed us to produce.

She has offered no exhibits, no "proof" of any of her claims. Nothing. Just a lot of "poor me" and general bitching and complaining. No supported facts or legal backup to support her arguements.

My Affidavit and Responce to hers has to be completed by the end of Sept.

We are both currently unrepresented but have had counsel in the past.

My questions would be these.
  • Since she has not offered proof or backup for her position on her issues, can I ask that the judge just "dismiss" her claims? If so, how does one do that?
  • She will have an opportunity to Respond to my Affidavit by Oct 10th. In her Responce, can she then bring out her "proof"? I would assume she can't bring up any "new" issues, and only respond to Affidavit but I am not sure.
Any other advise or suggestions would be appreciated.
Old 09-10-2010, 09:58 AM
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InterprovincialParents InterprovincialParents is offline
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You can always ask that a claim be dismissed, but it is at the judge's discretion. With two unrepresented parties, he/she is likely to be more lenient on the rules and, while you ask, he would likely not dismiss. What I would do, however, is introduce in your Reply any evidence to counter each of her claims, as she has, at this point, not introduced any evidence to support them. Also, remember that swearing the affidavit is evidence in itself unless proven untrue.

She can provide evidence in her response to your affidavit, yes.
Old 09-10-2010, 10:34 AM
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dadtotheend dadtotheend is offline
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Let her bring her weak ass case to trial where you will get to run roughshod over and trample her ass.
Old 09-10-2010, 01:02 PM
Cobourg Cobourg is offline
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I can tell you that there will be a tremendious amount of satisfaction if that happens due to the nature of this divorce.

However, although I would feel really good about it, I just want to be sure that I am not walking into something unexpected.

After our separation she went back to school for a Legal Assistant. She can't possibly have done as well as she did and produce such poorly prepared documents.

I guess I am worried that she is going to try to play the "sympathy card" and the judge is going to say "poor you". Sure you should have half of your ex's take home pay and you just sit there and don't worry about having to work.

I just don't need anymore suprises in court.
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