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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 08-22-2013, 11:02 AM
Aelon Aelon is offline
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Default What happens if Applicant doesn't serve Case Conference Brief?

What happens if the Applicant doesn't serve a Case Conference Brief before the required date? Is the Respondent still expected to serve theirs? What will the impact be at the Case Conference?
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Old 08-22-2013, 11:53 AM
Mess Mess is offline
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The brief is basically an agenda for topics to be discussed, it is not part of the continuing record.

If the Applicant doesn't file one, they look like an idiot. The Respondent should file, and this will give them a lot of control over the discussion.

The judge will still look over the application but probably be annoyed. The judge is not supposed to side with one party or the other because they are annoyed, but it may affect any proceedural orders that are requested.
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Old 08-22-2013, 12:29 PM
FrustratedPartner FrustratedPartner is offline
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My lawyer said that costs usually go to the party who did NOT file a case conference brief.
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Old 08-22-2013, 02:48 PM
sahibjee sahibjee is offline
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Quote:
Originally Posted by FrustratedPartner View Post
My lawyer said that costs usually go to the party who did NOT file a case conference brief.
costs arent usually ordered at case conferences, specially if they are brief. I havent seen any costs ordered for any party on all the dates i have attended in a CC.
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Old 08-22-2013, 04:06 PM
BitHunter BitHunter is offline
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Actually when the judge makes an order at the CC and with that the case is closed costs are ordered. But it is highly unlikely that not filing the CC brief has much to do with costs.
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Old 08-23-2013, 02:47 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
costs usually go to the party who did NOT file a case conference brief.
If a party is unprepared for the conference, costs may be awarded against them.

This is uncommon for case conferences.
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Old 08-23-2013, 02:52 PM
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Quote:
Originally Posted by OrleansLawyer View Post
If a party is unprepared for the conference, costs may be awarded against them.

This is uncommon for case conferences.
Agreed. I am of the opinion though that the failure to complete and file a brief for any of the conference procedures should result in costs awards though. Reason being is that the point of a conference is to canvas how to settle matters without having to go to motion and/or trial. A party entering a conference is not (in my opinion) demonstrating that they are conducting themselves in "good faith' to the objectives of the Courts of Justice Act and Family Law Rules.

If costs were awarded more at conferences we probably would see more solutions being hashed out at conferences rather than avoidance and not failures to meet the expectations of the Rules materials.

Good Luck!
Tayken
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Old 08-23-2013, 11:50 PM
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Realistically, nothing will happen.

The Judge may admonish the party that didn't file, but other than that....
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