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Difference between revisions of "How Do I Change Something in My Response to Family Claim or Counterclaim?"
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How Do I Change Something in My Response to Family Claim or Counterclaim? (view source)
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''Pleadings'' are the documents that start a court proceeding or reply to a court proceeding. For the person who is replying to a court proceeding, the ''respondent'', these documents are usually: | ''Pleadings'' are the documents that start a court proceeding or reply to a court proceeding. For the person who is replying to a court proceeding, the ''respondent'', these documents are usually: | ||
*Response to Family Claim in Form F4 | |||
*Counterclaim in Form F5 | |||
For the person who starts a proceeding, the ''claimant'', this is: | For the person who starts a proceeding, the ''claimant'', this is: | ||
*Notice of Family Claim in Form F3 | |||
*Response to Counterclaim in Form F6 (if the respondent has filed a Counterclaim in Form F5) | |||
Sometimes a party's pleadings need to be changed, or ''amended''. Usually, a change is required because a fact is wrong, like a date or a name. At other times, a change is required to raise a new defence or to make a new claim. | Sometimes a party's pleadings need to be changed, or ''amended''. Usually, a change is required because a fact is wrong, like a date or a name. At other times, a change is required to raise a new defence or to make a new claim. | ||
For example, say a spouse had a job when an action started | For example, say a spouse had a job when an action was started against them, but lost it halfway through the case. If that spouse now needs spousal support but didn't make that claim as the respondent in their Form F5 Counterclaim, they would need to amend their pleadings to include the new claim. | ||
==The rules== | ==The rules== | ||
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You'll also need to add some information to the top of the first page to indicate why you were able to change your pleadings, and when the original document was filed. For example, for a change made before delivery of the Notice of Trial, you would write: | You'll also need to add some information to the top of the first page to indicate why you were able to change your pleadings, and when the original document was filed. For example, for a change made before delivery of the Notice of Trial, you would write: | ||
<blockquote> | <tt><blockquote>Amended pursuant to Rule 8-1(1)(a).</blockquote></tt> | ||
<tt><blockquote>Original filed on 25 October 2012.</blockquote></tt> | |||
Finally, you must file the amended documents in the court registry where the action was started. You must then serve the new pleadings on the other side by ordinary service within seven days. | Finally, you must file the amended documents in the court registry where the action was started. You must then serve the new pleadings on the other side by ordinary service within seven days. | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Mark Norton]], September 14, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
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{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions|C]] | ||
[[Category:Defending a Family Law Action]] | [[Category:Defending a Family Law Action]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] | ||
