Difference between revisions of "Interim Applications in Family Matters"

Interim Applications in Family Matters (view source)

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 Interim applications are brought only after a court proceeding has been started. The person bringing the application, the ''applicant'', must file a Notice of Motion in court, and then serve a court-stamped copy of the Notice of Motion to the ''respondent'', the person against whom the application has been brought. The respondent is not required to file anything in reply to the application.
-Applications in the Provincial Court are often based on oral evidence, evidence giving by witnesses who have sworn or affirmed that they will tell the truth, rather than affidavits. Althought the exchange of affidavits is not a mandatory part of the process, many judges appreciate the convenience of having the evidence written out in affidavits.
+Applications in the Provincial Court are often based on oral evidence, evidence given by witnesses who have sworn or affirmed that they will tell the truth, rather than affidavits. Some judges prefer to hear oral evidence and may require a party to testify even if affidavits have been prepared.  Other judges appreciate the convenience of having the evidence written out in affidavits.
 The principle [http://canlii.ca/t/85pb Provincial Court Family Rules] that relate to Notices of Motion and the application process are: