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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 15:58, 19 May 2013
, 15:58, 19 May 2013→Making interim applications
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The process of bringing or defending an interim application, whether you're in the Supreme Court or the Provincial Court, is a miniature version of the process for starting or defending a court proceeding and works more or less like this: | The process of bringing or defending an interim application, whether you're in the Supreme Court or the Provincial Court, is a miniature version of the process for starting or defending a court proceeding and works more or less like this: | ||
#The person making the application, the ''applicant'', prepares the formal court documents that start the application, and delivers those documents to the person who will be defending the application, the ''respondent'' or the '' | #The person making the application, the ''applicant'', prepares the formal court documents that start the application, and delivers those documents to the person who will be defending the application, the ''application respondent'' or the ''respondent''. | ||
#The application respondent has a certain amount of time to reply to the application, and does so by preparing other formal court documents and delivering those to the applicant. | #The application respondent has a certain amount of time to reply to the application, and does so by preparing other formal court documents and delivering those to the applicant. | ||
#The applicant | #The applicant may prepare a reply to the application respondent's reply. | ||
#On the date of the hearing, the applicant argues why the order sought should be made, the application respondent argues why the order sought shouldn't be made, and the judge or master who hears the application makes a decision one way or the other (or, often, a bit of both ways). | #On the date of the hearing, the applicant argues why the order sought should be made, the application respondent argues why the order sought shouldn't be made, and the judge or master who hears the application makes a decision one way or the other (or, often, a bit of both ways). | ||
The requirements, deadlines, and court forms for each of these steps are governed by the rules of the particular court you are in. The rules also set out how the application is set for hearing and heard, and the nature of the court's the authority to decide the issues before it. | The requirements, deadlines, and court forms for each of these steps are governed by the rules of the particular court you are in. The rules also set out how the application is set for hearing and heard, and the nature of the court's the authority to decide the issues before it. It is very important to understand how the rules about interim applicaitons work. | ||
==The Supreme Court== | ==The Supreme Court== | ||