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  • Evidence and Continuing Record

    So I have been dragged back to court.
    Around 7-8 months after settlement of the original application for custody/access.

    It looks like trial is on the horizon, and I am SRL now as I was then.

    So my question is:
    How does it work now? Are all the affadavits, evidence, etc. from the first time around still in the continuing record? Or do I need to re-do a bunch of stuff I had submitted the first time around?

    Can I refer to past Temp Orders from the first application, or anything at all?

    It would be nice if I could just say "see tab 5 from CR of previous court proceedings"

    Maybe I should also point out that her counsel is different this time from last - and this motion to change was filed in a different court jurasdiction then the original application.

  • #2
    Prepare a trial book that includes everything, but your factum should include only what you are asking for now. I just went to trial and the judge will only look at the factum in front of them...you can also include a supplementary factum afterwards...so send your factum asap so you can see what the other side has then you can included a supplementary factum.

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    • #3
      yes. well I am currently clueless on the whole 'factum' angle.
      I suppose I should investigate.
      Anyoneone care to just explain it to me and save me the hassle?
      lol

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