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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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{{JP Boyd on Family Law How Do I TOC|expanded=defending}} | |||
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==The | ==The pleadings== | ||
''Pleadings'' are the documents that start a court proceeding or reply to a court proceeding. For the person who starts | ''Pleadings'' are the documents that start a court proceeding or reply to a court proceeding. For the person who starts a family law proceeding, the ''claimant'', this is: | ||
<ol start="1"> | <ol start="1"> | ||
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==The Rules== | ==The Rules== | ||
Pleadings are important because they describe the basic nuts and bolts of a party's claim or defence, and the facts that are said to support the claim or defence. They are the foundation of the court proceeding and the basis upon which each party will prepare for trial. As a result, there are special rules about amending pleadings. These are set out in Rule 8-1 of the Supreme Court Family Rules. | Pleadings are important because they describe the basic nuts and bolts of a party's claim or defence, and the facts that are said to support the claim or defence. They are the foundation of the court proceeding and the basis upon which each party <span class="noglossary">will</span> prepare for trial. As a result, there are special rules about amending pleadings. These are set out in Rule 8-1 of the Supreme Court Family Rules. | ||
Firstly, you can't just amend your pleadings when you feel like it: | Firstly, you can't just amend your pleadings when you feel like it: | ||
*under Rule 8-1(1)(a), you can make one set of changes, however major or <span class="noglossary">minor</span>, at any time before the Notice of Trial has been filed, | |||
*under Rule 8-1(1)(b), you can make another set of changes with the written consent of the other party, and | |||
*to make changes in any other circumstances, you'll first need to get the court's permission. | |||
Secondly, you must mark all of your amendments. All of the changes are to be underlined in red ink to make it obvious exactly what's been changed. When a lot of text has been changed, say the size of a whole paragraph or more, the lines can be made to run up the left and right sides of the amended text instead of under each and every line of text. | Secondly, you must mark all of your amendments. All of the changes are to be underlined in red ink to make it obvious exactly what's been changed. When a lot of text has been changed, say the size of a whole paragraph or more, the lines can be made to run up the left and right sides of the amended text instead of under each and every line of text. | ||
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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 = [[JP Boyd]], March 24, 2013}} | |||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category: | |||
{{Creative Commons | |||
|title = JP Boyd on Family Law | |||
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC | |||
}} | |||
[[Category:Defending a Family Law Action]] | |||
