Talk:How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?
Registrar hearing[edit]
New rules as of July 1, 2013 require a hearing record according to the Supreme Court:
SUPREME COURT RULES AMENDMENTS - HEARING RECORDS REQUIRED FOR REGISTRARS’ HEARINGS - July 1, 2013
As of July 1, 2013 an important amendment to the Supreme Court Rules comes into effect which will require a hearing record to be provided on all registrars’ hearings started by the filing of an appointment.
The party who files the appointment, must provide the hearing record to the registry where the hearing will take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing.
Contents of the Hearing Record
Rule 23-6(3.1) of the Supreme Court Civil Rules (the “Civil Rules”) and Rule 22-7(3.1) of the Supreme Court Family Rules (the “Family Rules”) - both in effect July 1, 2013 - stipulate that:
the hearing record must be in a ring binder or some other form of secure binding, and
the hearing record must contain in consecutively numbered pages, or separated by tabs, the following documents in the following order:
a title page with the style of proceedings and the names of the lawyers, if any, for the applicant and the persons served with the appointment; an index; a copy of the filed appointment and of every document that is required to be filed with that appointment; a copy of the affidavit of service of the appointment but not the exhibits to the affidavit; if the appointment is to settle an order under Civil Rule 13-1 or Family Rule 15-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk’s notes from the hearing; if the appointment is to assess costs under Civil Rule 14-1 or Family Rule 16-1, a copy of the entered order for costs; if the appointment is for a reference to the registrar under Rule 18-1, a copy of the entered order referring the matter to the registrar; a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing.
The hearing record may contain: a draft of the proposed report or certificate, and a list of authorities.
The hearing record must not contain: written argument copies of authorities, including case law, legislation, legal articles or excerpts from text books, or any other documents unless they are included with the consent of the applicant and the respondents. Required for Hearings Started By the Filing of an Appointment
Civil Rule 23-6(3.1) and Family Rule 22-7(3.1) applies only to registrars’ hearings under the Supreme Court Rules which are started by the filing of an appointment.
--Nate Russell (talk) 09:41, 2 July 2013 (PDT)
