How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?

From Clicklaw Wikibooks

Replying to the application

The person making an interim application, the applicant, must serve you with their Notice of Motion in Form 16 at least seven days before the date of the hearing, along with any other documents they will be using at the hearing. The hearing date will usually have been fixed by the court registry, not by the applicant.

There is no document that you must file to reply to the application, although it is possible to respond using the Reply form used to respond to Applications to Obtain an Order. The Reply form is available online. See the Provincial Court Forms section.

Whether you file a Reply or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that will help at the hearing of the application.

The rules

  • Rule 12: How to make an interim application
  • Rule 13: The rule about affidavits
  • Rule 5: The Family Justice Registry rule

For more information

You can find a more complete discussion of the interim application process and the different timelines and deadlines in the chapter Resolving Family Law Problems in Court within the section Interim Applications in Family Matters.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Samantha Simpson, June 28, 2017.

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