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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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  #1  
Old 02-29-2020, 09:53 PM
Mummaa222 Mummaa222 is offline
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Post Need help ASAP

I'm crossing my fingers that someone knows what to do and can help me...please!!!

The other side brought a Motion for summary judgment...at least that's what it's being referred to because it doesn't have the words "summary judgment" anywhere in it and the judge even said at our last motion date that he doesn't see which tab is the motion for summary judgment.

So my first question is: What is the proper procedure for a Motion for summary judgment? (this lawyer and the court clerks have broken many rules and don't seem to follow procedures and are getting away with it)

I was served (late) for a regular Motion. She knew it would require a long Motion. This is the second time she has done this. The date for the long Motion was scheduled after she had already served and filed.

Everything I've read about long Motions says that you have to discuss a date that works with the other party and then schedule that date and THEN file and serve a notice of Motion and the motion material on the other party at least 30 days before the motion date. The other party then has until 15 days before the Motion date to file and serve their response. The moving party can then respond and then neither can file anything else except the Factums that are required.

This lawyer kept bugging me for a date for when I would give her my motion materials. I told her that my understanding was that I had until 15 days before the motion date. The motion has been scheduled for May 29.

She then asked the judge for an Order that I had to serve my material to her by February 28th.

So February 28th was yesterday, Friday. My materials are completed and ready to be served and filed. They weren't ready until 3:00 yesterday but I had until 4:00 and would have been able to get it done. I went out to warm up my car, came back in and grabbed all my papers, went back to the car and I pushed the lock button on my door instead of the unlock button when I was unlocking the back doors so I could get my daughter in her car seat. (yesterday was snow day for us, as was Thursday) the highways were closed at first then still nasty at the end of the day so no babysitter)

So my motion materials that were Ordered to be submitted by Feb. 28th were not. I basically lost it as the only thing that went through my head at that moment was that it's over and I'll never see my daughters again...it honestly felt as if my children had just died...no exaggeration

So now what?

Here's the reasons that I wasn't finished until 3:00 yesterday...(not that I want to make excuses because like I said...I would have had them in on time if I hadn't locked my keys and purse in my running car..no I don't have a spare key.)...

...The Order for Feb 28th deadline was made January 23. That's fine, I could do it. On January 30th I had a Dr. Appointment...found out my blood pressure is sky high and was taken off my Ritalin. So much for being able to focus on anything now! But that's better than dying or having a stroke because my reading was 188/110...I'm still not understanding why my Dr let me walk out of her office with a reading like that?

The next day I got a message from my son's step-mother (we get along great) to tell me that my son's dad was in the hospital from severe stomach pains and they diagnosed him with stomach cancer!! That was January 31...early the next week they did surgery and discovered that it's on his liver and there's so much of it on his stomach that they can't remove it at all. He started chemo the week after. The week after that they said it's stage 4. This week they've given him less than a year.

So the father of my 2 daughters just passed in September and I'm just now coming to terms with him dying and now the father of my oldest, my son, has been given less than a year to live, and I'm trying to keep my blood pressure under control so I don't die too.

My daughters' step mom still has temporary without prejudice custody of my girls (still don't understand that one) and has now officially applied for sole custody. In her application she says that my girls don't want to ever see me again AND now they don't want to see my mom or their siblings or anyone else from my side. Her plan is for them to have access to her family and their dad's family and that's it. She also plans on staying in the house that she doesn't own but that's another story.

The latest is that she now has a boyfriend. Actually they just made it public and are acting like it just happened but some people know for sure that it didn't. This guy is my ex's friend. He was with a woman that my mother works with for over 20 years and she caught him having sex with her before Christmas. He posted pictures of him and her fishing at the beginning of November...my ex died at the end of September. He also posted pictures of my youngest at his house hanging out in his garage...so my kids are aware of this guy. This is the last thing my kids need!!!! She's also been going on road trips and fishing on weekends and my girls aren't included in this fun she's having.

I NEED to be able to file my evidence because my girls need to be out of there and get the therapy they need. I know I've got this but only if those papers get filed.

Oh almost forgot the water pipe that blew Thursday afternoon and the new hot water tank that had to be installed yesterday afternoon while I was finishing my documents ugh!

So what do I do?? HELP!!! PLEASE!?!?

*yes I know that was a lot of rambling lol...no sleep, no ritalin and living a nightmare does that I guess?
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  #2  
Old 02-29-2020, 11:48 PM
fairlight fairlight is offline
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Someone with more experience than me may have a better answer for you, but I would say there is nothing you can do at the moment, just get your paperwork in on Monday.
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  #3  
Old 03-01-2020, 05:41 AM
Abba435 Abba435 is offline
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The counter will refuse to file your documents if you are past a deadline endorsed by a judge.
You may be able to late file if you have the consent of the other party but in any case you will have to get the judge's consent. If no consent from other side the judge will likely accept.
Call the court office and ask them or do it in person.
Visit the duty counsel and get advice from them.
File well before the last day for sure in future.
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  #4  
Old 03-01-2020, 02:22 PM
Mummaa222 Mummaa222 is offline
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I was late for filing my amended motion to change before because the lawyer was out of the office sick and i didn't get her consent in time...so it wasn't my fault but I had to file forms 14B and 14A with an explanation as to why I was late. The judge then gave me permission to file.

I'm guessing that's probably what I need to do again?

I'm just worried that because I already had to ask for permission before that he won't be very understanding...even though the last time was because of the other side.

I'm hoping that if I go in with my motion materials with the forms 14B and 14A first thing tomorrow morning that he'll accept.

I do need to know though if the lawyer has followed procedure for summary judgment though because it doesn't make sense that I should have until may 14th to respond but she wants my response now...in case she wants to cross examine is her excuse. It doesn't make sense to me...unless I'm not understanding the rules and procedures or not reading the right information. I'm tired of this lawyer bullying me and getting away with it.

Also, the court clerks here are saying that I have to go in with 3 copies of everything, swear them, then sign each copy, leave one with them, serve one, keep one. I thought that I should be going in with one copy, swear, then take that sworn copy to be copied, serve one copy of the sworn original and keep one copy, then file that original sworn copy with my affidavit of service. They say that's not the way to do it, that once I swear they have to keep it and I can't leave with the original.

Am I right? Or am I crazy for thinking that 3 identical documents but each signed separate are not exact copies? I hope I explained that right.

It's unbelievable how many mistakes I've discovered in my case! For example, the lawyer I had in the beginning filed parts of my motion to change with the court as ontario court of justice when we're in superior court...and some of those documents didn't even have our court file number on them and were missing pages but they still got filed!!
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  #5  
Old 03-01-2020, 03:21 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Mummaa222 View Post
I was late for filing my amended motion to change before because the lawyer was out of the office sick and i didn't get her consent in time...so it wasn't my fault but I had to file forms 14B and 14A with an explanation as to why I was late. The judge then gave me permission to file.

I'm guessing that's probably what I need to do again?

I'm just worried that because I already had to ask for permission before that he won't be very understanding...even though the last time was because of the other side.

I'm hoping that if I go in with my motion materials with the forms 14B and 14A first thing tomorrow morning that he'll accept.

I do need to know though if the lawyer has followed procedure for summary judgment though because it doesn't make sense that I should have until may 14th to respond but she wants my response now...in case she wants to cross examine is her excuse. It doesn't make sense to me...unless I'm not understanding the rules and procedures or not reading the right information. I'm tired of this lawyer bullying me and getting away with it.

Also, the court clerks here are saying that I have to go in with 3 copies of everything, swear them, then sign each copy, leave one with them, serve one, keep one. I thought that I should be going in with one copy, swear, then take that sworn copy to be copied, serve one copy of the sworn original and keep one copy, then file that original sworn copy with my affidavit of service. They say that's not the way to do it, that once I swear they have to keep it and I can't leave with the original.

Am I right? Or am I crazy for thinking that 3 identical documents but each signed separate are not exact copies? I hope I explained that right.

It's unbelievable how many mistakes I've discovered in my case! For example, the lawyer I had in the beginning filed parts of my motion to change with the court as ontario court of justice when we're in superior court...and some of those documents didn't even have our court file number on them and were missing pages but they still got filed!!

You have three copies and the clerks sign all three. You could take the single copy signed and change it before copying and serving it.
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  #6  
Old 03-01-2020, 04:50 PM
Abba435 Abba435 is offline
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File all originals with the court.
They often check to make sure signatures are actually in ink.

Get any commissioned (notarized) documents sworn first.
Don't forget your Affidavits of Service.

If service by email get an email of consent from whoever you are serving.
You cannot serve many forms by email.

Careful where you need special service or cannot serve a document yourself.

Registered mail better than regular.

File originals only with the court.
Serve copies.
Keep a copy.

My extra trips to the court have made this post possible.
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  #7  
Old 03-05-2020, 08:37 PM
Mummaa222 Mummaa222 is offline
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Well I filed and served my 14B requesting an extension for my motion materials. The other side's lawyer is probably going to be angry with me for calling her on not falling the procedures at all but I'm not in this to make friends and she has gotten away with enough.

Now I wait ugh. We don't have a judge back in our courthouse until March 16th so nothing will even be seen until then.

I guess that's a good thing though so I can continue working on my response to make it the best it can be Thanks for the help!
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  #8  
Old 03-05-2020, 08:40 PM
Mummaa222 Mummaa222 is offline
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Quote:
Originally Posted by rockscan View Post
You have three copies and the clerks sign all three. You could take the single copy signed and change it before copying and serving it.
What if I had my affidavit sworn somewhere besides the courthouse? It doesn't make sense that after I swear they won't let me leave with it because if I hadn't sworn there then I'd be bringing it in.

Maybe I'm missing something?
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  #9  
Old 03-06-2020, 06:37 PM
StillPaying StillPaying is offline
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Depending on how many exhibits you have, trying to get 3 copies signed may not go over well. Usually you get 1 copy signed, then make photocopies, serve and file.
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  #10  
Old 03-06-2020, 09:44 PM
Mummaa222 Mummaa222 is offline
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Quote:
Originally Posted by StillPaying View Post
Depending on how many exhibits you have, trying to get 3 copies signed may not go over well. Usually you get 1 copy signed, then make photocopies, serve and file.
I'm not trying to or wanting to get 3 copies signed...that's what they're making me do at our courthouse. Now they're letting me bring just 2 copies because I told them I don't to have to print my own copy, I'd rather have everything saved on my laptop and my OneDrive instead of continuing with the mountains of papers I already have from the 3 years this has been going on and the 3 years before that.

None of the documents I've been served by the other side have ink signatures, they're all copies...which makes sense. It should be one documents signed, then 2 copies made-one to serve and one for me to keep-and then the original filed with the court. That's not what they're doing...they want me to show up with 3 print outs, swear and then sign each one and they stamp and sign each one. Then they're filing whatever documents I brought in to have sworn and then I'm to serve the other side.

Everything I have read says swear, make 2 copies, then serve 1 and keep 1, then file the original sworn document with the affidavit of service.

The court clerks and the lawyer not following procedures and rules is making everything more confusing than it should be and I'm constantly second guessing myself on everything I do. It's taking me twice the amount of time than it should to do anything because the other side or the clerks did it differently and I have to keep trying to figure out the right way to do it and at the same time remember the way they want me to do it instead.

I'm sorry if that doesn't make sense lol I'm absolutely exhausted and emotionally drained.
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