2,667
edits
Difference between revisions of "Interim Applications in Family Matters"
Jump to navigation
Jump to search
Interim Applications in Family Matters (view source)
Revision as of 16:36, 19 May 2013
, 16:36, 19 May 2013→Application records
| Line 175: | Line 175: | ||
Note that the shorter an application is, the more likely it is to be heard sooner rather than later on the day of hearing. There could be three applications set to be heard in chambers on a particular day or there could be 30. The court clerk will generally sort the applications in order of the time estimates, so that a five-minute application will be heard fairly quickly, while a ninety-minute application might not be heard until much later in the day. | Note that the shorter an application is, the more likely it is to be heard sooner rather than later on the day of hearing. There could be three applications set to be heard in chambers on a particular day or there could be 30. The court clerk will generally sort the applications in order of the time estimates, so that a five-minute application will be heard fairly quickly, while a ninety-minute application might not be heard until much later in the day. | ||
===Application | ===Application Record=== | ||
{{LSSbadge | |||
The applicant must prepare the | |resourcetype = examples of an | ||
|link = [http://www.familylaw.lss.bc.ca/resources/court_forms.php#A Application Record index<br/> and cover page] | |||
When both parties have an application scheduled to be heard on the same day, | }}The applicant must prepare the Application Record for the application. An Application Record contains documents relating to the application plus an index, 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, they 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. | ||
| Line 185: | Line 185: | ||
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 | Under [http://canlii.ca/t/8mcr 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 running 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: | |||
#the index to the Application Record, | #the index to the Application Record, | ||
#the Notice of Application (Tab 1), | #the Notice of Application (Tab 1), | ||
#the Response to Application (Tab 2), and | #the Response to Application (Tab 2), and | ||
#the | #the affidavits both parties will rely on at the hearing, each separated by a tab (Tab 3, Tab 4 and so on). | ||
(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 affidavits of service, copies of legislation and copies of cases. | 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. | ||
Under [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Administrative Notice 7], you are required to tape a cover page to the front cover of the binder with the names of the parties and the file number of the action. The cover page should state: | Under [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Administrative Notice 7], you are required to tape a cover page to the front cover of the binder with the names of the parties and the file number of the action. The cover page should state: | ||
#The court file number, court registry, and the names of the parties, the way these appear at the top of all other court documents. | #The court file number, court registry, and the names of the parties, the way these appear at the top of all other court documents. | ||
#The title of the document | #The title of the document (usually just "Application Record"). | ||
#The claimant's address for delivery, telephone number and fax number. | #The claimant's address for delivery, telephone number and fax number. | ||
#The respondent's address for delivery, telephone number and fax number. | #The respondent's address for delivery, telephone number and fax number. | ||