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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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  #11  
Old 02-28-2020, 11:52 AM
Stacey81 Stacey81 is offline
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Are there time limits around the affidavit. I know the offer to settle can be done at anytime correct ?
Thanks for all your help with this.
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  #12  
Old 02-28-2020, 12:23 PM
rockscan rockscan is offline
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I would send it within 14 days. Youíve got a month here, work on it over the next week and then serve it as soon as possible. Thereís no sense sitting on it. You donít need any expert reports or other documentation for your argument which normally delays you.
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  #13  
Old 02-28-2020, 01:16 PM
StillPaying StillPaying is offline
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I would call court and make sure. The "more than an hour" part makes me think this is a long motion and not trial.

If it's a long motion, you'll need an affidavit and factum.
If it's trial, you'll need a trial record and document brief; no affidavit.
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  #14  
Old 02-28-2020, 02:45 PM
Stacey81 Stacey81 is offline
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So I just got off the phone with the court and they said I should be following the rules are a motion to change. Am I still able to submit the affidavit, offer to settle and request for information.
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  #15  
Old 02-28-2020, 03:00 PM
StillPaying StillPaying is offline
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Sounds like you asked a general question and got a simple answer. You have a file number and a court date. They should be able to tell you whether this is for a conference, motion or trial.

You can always request info or make offers to settle anytime. The affidavit will depend on what you're trying to do. Definitely worth speaking to a lawyer as you don't have much time.
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  #16  
Old 02-28-2020, 03:18 PM
Stacey81 Stacey81 is offline
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Itís a long motion. Affidavit can be filed up to 7 days before I believe. Has anyone written a factum before.
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  #17  
Old 02-28-2020, 03:37 PM
Abba435 Abba435 is offline
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Quote:
Originally Posted by Stacey81 View Post
Itís a long motion. Affidavit can be filed up to 7 days before I believe. Has anyone written a factum before.
search factum on this site
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  #18  
Old 02-28-2020, 03:52 PM
Stacey81 Stacey81 is offline
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Should I file an affidavit and a factum?
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  #19  
Old 02-28-2020, 04:19 PM
Kinso Kinso is offline
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Quote:
Should I file an affidavit and a factum?
Yes.

Affidavit is evidence of facts.

Factum is a summary of the facts and how the law applies under the circumstances. Factums are divided into three main parts:

PART 1 - ORDERS REQUESTED
PART 2 - FACTS (cite the various affidavits here)
PART 3 - LAW AND ANALYSIS (state the law, and how the law applies to the facts, ideally in a way that is consistent with your desired outcome)
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  #20  
Old 02-28-2020, 11:44 PM
Abba435 Abba435 is offline
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Could the legal system be less accessible to the average person?
Even those with lots of education, smarts and experience are perplexed.
Justice? Only maybe for those with very deep pockets and even then not really.
Cynical? yes guilty
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