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Difference between revisions of "Interim Applications in Family Matters"
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Interim Applications in Family Matters (view source)
Revision as of 19:32, 15 April 2013
, 19:32, 15 April 2013→Application records
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===Application records=== | ===Application records=== | ||
The applicant must prepare the ''Application Record'' for the application. When both parties have an application scheduled to be heard on the same day, the parties must cooperate and prepare a joint Application Record. | The applicant must prepare the ''Application Record'' for the application. An Application Record contains documents relating to the application in a bound format for the benefit of the judge or master who is hearing the application. | ||
When both parties have an application scheduled to be heard on the same day, the parties must cooperate and prepare a joint Application Record. | |||
The applicant must file the Application Record plus an extra copy of the Notice of Application in court by 4:00pm on the day that is one full business day before the date set for the hearing. The extra Notice of Application should be marked to indicate which claims the applicant will be asking the court to hear. The applicant must serve a copy of the index of the Record on the Application Respondent by ordinary service by the same deadline. The timelines for interim applications are discussed below in more detail. | The applicant must file the Application Record plus an extra copy of the Notice of Application in court by 4:00pm on the day that is one full business day before the date set for the hearing. The extra Notice of Application should be marked to indicate which claims the applicant will be asking the court to hear. The applicant must serve a copy of the index of the Record on the Application Respondent by ordinary service by the same deadline. The timelines for interim applications are discussed below in more detail. | ||
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If you file your record after the deadline of 4:00pm on the day that is one business day before the hearing date, the registry will not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early. | If you file your record after the deadline of 4:00pm on the day that is one business day before the hearing date, the registry will not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early. | ||
Under [http://canlii.ca/t/8mcr Supreme Court Family Rule 10-6(14)(a)], the materials in the Application Record need to be "securely bound," which usually means that they are assembled in a three-ring binder, although any other kind of secure binding will do, including a passing a couple of hex bolts through the left-hand margin. | |||
The contents of the Application Record are listed in Rule 10-6(14)(b) and should be sorted, separated by tabs, in the following order: | The contents of the Application Record are listed in Rule 10-6(14)(b) and should be sorted, separated by tabs, in the following order: | ||
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(A "tab" is a piece of heavier paper with a little tab that sticks out on the right-hand side with a number written on them; these are sometimes called ''tab dividers'' or ''index dividers'' by stores like Staples and Office Depot. Legal supply stores sell tabs that are numbered from 1 to 200. Avery sells a "table of contents divider" that goes from 1 to 8; Sparco sells index dividers that go from 1 to 31.) | (A "tab" is a piece of heavier paper with a little tab that sticks out on the right-hand side with a number written on them; these are sometimes called ''tab dividers'' or ''index dividers'' by stores like Staples and Office Depot. Legal supply stores sell tabs that are numbered from 1 to 200. Avery sells a "table of contents divider" that goes from 1 to 8; Sparco sells index dividers that go from 1 to 31.) | ||
Following these documents, Application Records may also include things like written arguments and a draft of the order sought. Certain things may not be included in the Application Record, such as | Following these documents, Application Records may also include things like written arguments and a draft of the order sought. Certain things may not be included in the Application Record, such as affidavits of service, copies of legislation and copies of cases. | ||
{{LSSbadge | {{LSSbadge | ||
|resourcetype = examples of an | |resourcetype = examples of an | ||