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Difference between revisions of "Case Conferences in a Family Law Matter"
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Case Conferences in a Family Law Matter (view source)
Revision as of 20:37, 11 June 2019
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The more information that is exchanged before the JCC the better. Parties who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the JCC are more likely to reach a settlement at the JCC, and save the time, expense, stress and uncertainty of continuing the lawsuit. | The more information that is exchanged before the JCC the better. Parties who are well informed about the facts of the case and who have had the opportunity to get legal advice in advance of the JCC are more likely to reach a settlement at the JCC, and save the time, expense, stress and uncertainty of continuing the lawsuit. | ||
===The purposes of judicial case conferences=== | ===The purposes of judicial case conferences=== | ||
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At the end of the conference, the court clerk will print out a case management plan that will show the orders that have been agreed to, the issues still in dispute, and any schedule for the next steps in the litigation. Most of the time, both parties and their lawyers will sign the case management plan; no one needs to sign a case management plan where nothing was agreed to. | At the end of the conference, the court clerk will print out a case management plan that will show the orders that have been agreed to, the issues still in dispute, and any schedule for the next steps in the litigation. Most of the time, both parties and their lawyers will sign the case management plan; no one needs to sign a case management plan where nothing was agreed to. | ||
===Scheduling a judicial case conference=== | |||
To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's just common courtesy to select a date that's convenient for everyone, plus you will want the other side to be able to attend the conference. | |||
Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in Form F19 setting that date. You will be charged a filing fee (currently $80). You must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your filed financial statement, by ordinary service. | |||
For a summary of how to schedule a JCC, see [[How Do I Schedule a Judicial Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section Other Litigation Issues. | |||
===Avoiding a judicial case conference=== | |||
The usual rule is that the parties to a family law proceeding in Supreme Court must attend a judicial case conference before making an application to the court for interim orders, although there are exceptions to the rule. | |||
Rule 7-1(2) of the Supreme Court Family Rules says that: | |||
<blockquote><tt>Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support.</tt></blockquote> | |||
Subrule (3) sets out the exceptions to this requirement: | |||
#when an application is being made for an order restraining either or both parties from disposing of property, | |||
#when an order will be made with the agreement of both parties, and | |||
#when the application is being made without notice being given to the other side (sometimes called an ''ex parte application'' or a ''without notice application''). | |||
Subrule (4) sets out some further exceptions to the general rule about JCCs and interim applications. However, if you need to ask for an exception under this subrule, you'll have to make an application to the court for an order granting the exception: | |||
<blockquote><tt>On application by a party, the court may relieve a party from the requirements of subrule (2) if</tt></blockquote> | |||
<blockquote><blockquote><tt>(a) it is premature to require the parties to attend a judicial case conference,</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(b) it is impracticable or unfair to require the party to comply with the requirements of subrule (2),</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(c) the application referred to in subrule (2) is urgent,</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(d) delaying the application referred to in subrule (2) or requiring the party to attend a judicial case conference is or might be dangerous to the health or safety of any person, or</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(e) the court considers it appropriate to do so in the circumstances.</tt></blockquote></blockquote> | |||
In other words, if your application is urgent you can ask for permission to have your application heard before the first JCC. If your application falls into one of the exceptions set out in Rule 7-1(3), you don't need the court's permission. If your application doesn't fall into either category, you've got little choice but to have a JCC before you can bring your application. | |||
Applications to be exempt from the JCC requirement are made by filing a special form of Requisition without an appearance in court (see [[Form F17 Requisition (General)|Form 17]] - Requisition Schedule A (to Avoid Judicial Case Conference)). | |||
== Supreme Court: Settlement conferences == | == Supreme Court: Settlement conferences == | ||
