Amend pleadings without consent: costs?

[somethingelse]

Thanks to those of you who were very helpful recently when I asked about the other party not agreeing to a Case Conference date.

In my Response to Motion to Change I asked for a few changes myself. I want to amend them, in accordance with rule 11. I have sent the changes to the other party, asking for their consent, which I am unlikely to receive. This will leave me making a motion to have the court allow the changes, which the annotations to the rules refers to as a waste of time and money. Since I'll be wasting my time and money because of the other party's intransigence, I assume I can apply for costs of this motion.

My questions:

-Is this application for the court's agreement to my amendments to my pleadings something I can do with a 14b?

-If I am successful, am I likely to get a Costs Order?

-If so, when do I apply for costs, at the time I make the motion or after?

Thanks

SE

[Stacy'sMom]

I've just been through this, and what you're going to nee to do is file a "Form 14: Motion" with a "Form 14B: Affidavit"

in the 14 Motion, you will be specifically that you are calling on Rule 11. 3 and will be in compliance of rule 11.4, as such;

An Order pursuant to Rule 11(3) of the Family Law Rules that the [INSERT YOUR POSITION & NAME HERE] shall be permitted to amend the original [INSERT DOCUMENT TYPE WHICH YOU SEEK TO AMEND HERE] and that such an amendment shall be clearly specified to reflect its changes, pursuant to Rule 11(4) of the Family Law Rules.

You will rely on the attached affidavit (14B) containing the information under which you wish the order for amendment be granted to you, or you will file whatever written evidence you have and request a date to argue this motion verbally.


Rule 11.4:
As per rule 11.4 you will need to both underline and strike through all clauses in your document which you wish to change, and then date and initial in the margin of each strike through paragraph which you wish to change.
Under the struck through clauses, you will write what you want to change.


Do not file the amended Response to Motion to Change with your Affidavit!
You can only amend after the amendment has been Ordered to you.