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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 16:43, 19 May 2013
, 16:43, 19 May 2013→The Supreme Court
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The Notice of Application and any supporting affidavits must be served on the application respondent at least eight business days before the date you have picked for the hearing of the application, except in cases of urgency or where the application is to be heard without notice to the application respondent. The timelines for interim applications are discussed in more detail below. | The Notice of Application and any supporting affidavits must be served on the application respondent at least eight business days before the date you have picked for the hearing of the application, except in cases of urgency or where the application is to be heard without notice to the application respondent. The timelines for interim applications are discussed in more detail below. | ||
====Notice of Application==== | ====The Notice of Application==== | ||
The Notice of Application describes: | The Notice of Application describes: | ||
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You may, at any time after being delivered with a Notice of Application, decide to file an application of your own for whatever interim orders you think are necessary. You can make this application, called a ''cross-application'', by Notice of Application. Depending on the circumstances and the timing of the cross-application, the parties will often agree to have the two applications heard at the same time. | You may, at any time after being delivered with a Notice of Application, decide to file an application of your own for whatever interim orders you think are necessary. You can make this application, called a ''cross-application'', by Notice of Application. Depending on the circumstances and the timing of the cross-application, the parties will often agree to have the two applications heard at the same time. | ||
====Application Response==== | ====The Application Response==== | ||
The Application Response describes: | The Application Response describes: | ||
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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 Record=== | ===The Application Record=== | ||
{{LSSbadge | {{LSSbadge | ||
|resourcetype = examples of an | |resourcetype = examples of an | ||
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===The hearing=== | ===The hearing=== | ||
The chambers courtroom will open at 9:45am. Everyone who is going to be heard that day will | The chambers courtroom will open at 9:45am. Everyone who is going to be heard that day will line up to the front of the courtroom and sign in with the court clerk, identifying themselves by their names and their number on the court list. | ||
The court list will be posted somewhere outside the courtroom, and another copy is usually available in the courtroom. All the applications that are going to be heard that day are listed on this list, but in no particular order. Limited parts of the court lists are posted online for that day only on [https://eservice.ag.gov.bc.ca/cso/courtLists.do Court Services Online]. | The court list will be posted somewhere outside the courtroom, and another copy is usually available in the courtroom. All the applications that are going to be heard that day are listed on this list, but in no particular order. Limited parts of the court lists are posted online for that day only on [https://eservice.ag.gov.bc.ca/cso/courtLists.do Court Services Online]. | ||
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The judge or master will enter the courtroom at 10:00am and will expect to begin hearing applications right away — don't forget to stand when the judge or master enters the courtroom! The court clerk will call each application by its number on the court hearing list and by the last names of the parties involved. | The judge or master will enter the courtroom at 10:00am and will expect to begin hearing applications right away — don't forget to stand when the judge or master enters the courtroom! The court clerk will call each application by its number on the court hearing list and by the last names of the parties involved. | ||
When a case is called by the court clerk, the parties will walk up to the front of the court and identify themselves to the judge — for example, "I am Barbara Brown, and this is my application" or "I am Lucy Chiu, and I am responding to the application." | When a case is called by the court clerk, the parties will walk up to the front of the court and identify themselves to the judge — for example, "I am Barbara Brown, and this is my application" or "I am Lucy Chiu, and I am responding to the application." A discussion of courtroom protocol is available in the ''How Do I?'' part of this resource under ''Courtroom Protocol''. You may wish to <span class="noglossary">review</span> [[How Do I Conduct Myself in Court at an Application?]] | ||
The applicant will address the judge first, and present his or her case, explaining: | The applicant will address the judge first, and present his or her case, explaining: | ||
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*what orders the applicant is asking the judge to make, | *what orders the applicant is asking the judge to make, | ||
*why the judge can make the orders the applicant is asking for, and | *why the judge can make the orders the applicant is asking for, and | ||
*the facts that | *the facts that explain why the application has been made and why the judge should make the orders asked for. | ||
The application respondent will then present his or her side of the case and explain | The application respondent will then present his or her side of the case and explain: | ||
*which orders the application respondent agrees to and might agree to on conditions, | |||
*which orders the application respondent opposes, and | |||
*the facts that explain why the judge shouldn't make the orders the applicant is asking for. | |||
The applicant will then have a chance to briefly answer the application respondent's argument. The application respondent may have the opportunity to address the applicant's answer, but not every judge or master will permit this. As well, the judge or master may ask the applicant and application respondent questions during their presentations to clarify things. | |||
After the judge or master has heard everyone's arguments, the judge or master will give his or decision. Sometimes the judge or master will ask the parties to come back later for the decision. This called a ''reserved decision''. | After the judge or master has heard everyone's arguments, the judge or master will give his or decision. Sometimes the judge or master will ask the parties to come back later for the decision. This called a ''reserved decision''. | ||
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===Timelines=== | ===Timelines=== | ||
The rules about the timelines for chambers applications can be complicated, and may change depending on whether the application is for | The rules about the timelines for chambers applications can be complicated, and may change depending on whether the application is for an interim order, a final order, or an order changing a final order. | ||
====Making an application==== | ====Making an application==== | ||