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Difference between revisions of "How Do I Change Something in My Notice of Family Claim?"
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How Do I Change Something in My Notice of Family Claim? (view source)
Revision as of 22:36, 29 July 2019
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{{JP Boyd on Family Law How Do I TOC|expanded=starting}} | {{JP Boyd on Family Law How Do I TOC|expanded=starting}} | ||
==The pleadings== | ==The pleadings== | ||
''Pleadings'' are the documents that start a court proceeding or reply to a court proceeding. | ''Pleadings'' are the documents that start a court proceeding or reply to a court proceeding. The information and terms below (including the form name ''Notice of Family Claim'') apply to claims filed in the Supreme Court. This information is not applicable to claims in the Provincial Court. | ||
For the person who starts a proceeding, the ''claimant'', | For the person who starts a proceeding, the ''claimant'', pleadings are: | ||
<li>Notice of Family Claim, | <li>Notice of Family Claim, | ||
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Sometimes a party's pleadings need to be changed, or ''amended''. Usually, a change is required because a fact is wrong, like a date or a name. At other times, a change is required to raise a new defence or to make a new claim. | Sometimes a party's pleadings need to be changed, or ''amended''. Usually, a change is required because a fact is wrong, like a date or a name. At other times, a change is required to raise a new defence or to make a new claim. | ||
For example, say a claimant had a job when an action started and then lost it halfway through the case. If the claimant now needs spousal support but didn't make that claim in their Notice of Family Claim, the claimant would need to amend their pleadings to include the new claim. | For example, say a claimant had a job when an action started and then lost it halfway through the case. If the claimant now needs spousal support but didn't make that claim in their Notice of Family Claim, the claimant would need to amend their pleadings to include the new claim for spousal support. | ||
==The rules== | ==The rules== | ||
Pleadings are important because they describe the basic nuts and bolts of a party's claim or defence, and the facts that are said to support the claim or defence. They are the foundation of the court proceeding and the basis upon which each party <span class="noglossary">will</span> prepare for trial. As a result, there are special rules about amending pleadings. These are set out in Rule 8-1 of the Supreme Court Family Rules. | Pleadings are important because they describe the basic nuts and bolts of a party's claim or defence, and the facts that are said to support the claim or defence. They are the foundation of the court proceeding and the basis upon which each party <span class="noglossary">will</span> prepare for trial. As a result, there are special rules about amending pleadings. These are set out in Rule 8-1 of the [http://canlii.ca/t/53n38 Supreme Court Family Rules]. | ||
Firstly, you can't just amend your pleadings when you feel like it: | Firstly, you can't just amend your pleadings when you feel like it: | ||
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Next, the <span class="noglossary">title</span> of the changed document always starts with the word ''Amended'', such as the Amended Notice of Family Claim or the Amended Counterclaim, to distinguish the new, changed document from the original. When an amended document is amended again, the <span class="noglossary">title</span> of the new document begins with the phrase ''Further Amended'', as in the Further Amended Notice of Family Claim. | Next, the <span class="noglossary">title</span> of the changed document always starts with the word ''Amended'', such as the Amended Notice of Family Claim or the Amended Counterclaim, to distinguish the new, changed document from the original. When an amended document is amended again, the <span class="noglossary">title</span> of the new document begins with the phrase ''Further Amended'', as in the Further Amended Notice of Family Claim. | ||
You'll also need to | You'll also need to add some information to the top of the first page to indicate why you were able to change your pleadings, and still note when the original document was filed. For example, for a change made before delivery of the Notice of Trial, you would write: | ||
<blockquote>"Amended pursuant to Rule 8-1(1)(a).<br>Original filed on 25 October 2012."</blockquote> | <blockquote>"Amended pursuant to Rule 8-1(1)(a).<br>Original filed on 25 October 2012."</blockquote> | ||