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Hi there, hoping to get some help here. Self-rep, have case conference coming up on Oct 22. I've read somewhat conflicting info in various places about when each party is to serve the case conference brief on the other. I'm the respondent. I've seen it say that applicant must serve 7 days before, and respondent 4 WORKING days before but in the Courts of justice Act it just says days. Is this calendar days for each party, i.e. 7 calendar days and 4 calendar days? or business days for one or both? Am I correct in assuming that the date of the case conference cannot be counted as the 4th/7th day? Help please!
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As the respondent you have to have served and filed by four court days before the case conference. There is a catch there in that service could require time. That is in the rules it says that documents under -- it might be 17 pages - can be served by fax but this has to be before five p.m. So if you serve it by fax then you can do your affidavit of service and take it down to court.
If you are delivering it by courier the deemed receipt date will be different. Don't have the rules on front of me but it likely says that it is deemed received the next day. Say it does. That means you are going to have to give it the courier five days before at latest and then take you affidavit of service on the fourth day before.
If you deliver it personally to the lawyer assuming the other side has representation then you could do your affidavit of service and take it the same day == which would be four days beforel
If mailing it there is a gap. Again don't recall numbers but it might say for example that it is deemed received four days after mailed. If it said that then you are going to have to mail it eight days before.
There is another trap on four days. The theory is that the applicant serves and files before the respondent. So the applicant has to serve and file seven days before and the respondent four days before. BUT the rules also say that when the time period is seven days you count weekends and court closed days. If it is below seven days you don't
The result is that around say Easter and Thanksgiving or Christmas. Four days before is actually earlier than seven days before. So if your case conference was on the Wednesday after Thanksgiving four days before is the prior Wednesday and seven days before is == the same day.
If it were the Wednesday after Easter (Easter Monday is a court holiday_ then four days before is the previous Tuesday but seven days before is the next day Wednesday
If you are late serving and filing but are before two days before you can also file with it a 14b asking for the courts permission to late file. They will accept this until 2:00 p.m two days before.
Better however is to well in advance and ask for consent to file on a certain date. If both sign the consent then they can be filed up to two days before.
Some times we just agree in advance that both sides will serve and file before two on two days before. -
Thanks for this! I'll be serving directly to the lawyer or by fax. Got it, court days for me as the respondent!Comment
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