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  • Filing a motion "first"

    If both parties want to go to court after mediation fails, is it better to be an applicant or defendant?

  • #2
    Its applicant and respondant.

    Being applicant means you were the first person to apply for anything in your case. Once you are the applicant or respondant, you are always the applicant or respondant, regardless of who files a motion.

    There's not a lot of benefit to either position.

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    • #3
      Its considered favourable to be the applicant as you get to speak first.

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      • #4
        The aplicant I assume talks first and last. Aplicant talks, respondand responds, aplicant re-responds?

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        • #5
          more or less, the judge sometimes give the respondent a chance to respond to anything the applicant added. In any case you have the right to be heard on any given point. A point of appeal is sometimes when the judge doesnt give you the chance to reply on a specific point/

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          • #6
            Originally posted by Links17 View Post
            more or less, the judge sometimes give the respondent a chance to respond to anything the applicant added. In any case you have the right to be heard on any given point. A point of appeal is sometimes when the judge doesnt give you the chance to reply on a specific point/
            Adding to this, judges really do want all the information to make an informed decision. Happened many times in my trial, and in those circumstances, I didn't see anything wrong with it.

            Sent from my HTC One_M8 using Tapatalk

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            • #7
              Originally posted by Links17 View Post
              Its considered favourable to be the applicant as you get to speak first.
              Respondent in my opinion is a better position to be in. Most lawyers want to be representing a respondent. The crown always goes first as the disadvantaged position in criminal proceedings.

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              • #8
                Originally posted by Tayken View Post
                Respondent in my opinion is a better position to be in. Most lawyers want to be representing a respondent. The crown always goes first as the disadvantaged position in criminal proceedings.
                I was given this same advice but I can see how the optics of being the applicant are appealing too. If you're a dad trying to get 50-50 (for example), it would show that you're hustling for something you feel really strongly about.

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                • #9
                  I've heard answers on both sides. Applicant is best, or not. However, you have to appreciate that the courts are heavily sided with the woman and it almost doesn't matter what you do. That being said, for the question you asked, I'd say get your paperwork in first and be the applicant.

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