Talk:How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?

From Clicklaw Wikibooks

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)

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision" and "evidence."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed; a courthouse.

In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. Also refers to the principle that a higher court's decision on a point of law must be adopted by a lower court. See "contempt of court" and "precedent."

A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision," and "declaration."

In law, a document demonstrating ownership of a thing. See "ownership."

A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court it also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application."

A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service."

A legal document in which a person provides evidence of certain facts and events in writing. The person making the affidavit, the deponent, must confirm the affidavit evidence is true by oath or affirmation. Affidavits must be signed in front of a lawyer, a notary public or a commissioner for taking oaths, who takes the oath or affirmation of the deponent. Affidavits are used as evidence, just as if the person making the affidavit had made the statements as a witness. See "deponent", "affirm" and "witness."

A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," "findings of fact," and "final judgment."

To determine the value or amount of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account, "bill of costs," "certificate of costs," and "lawyer's fees."

An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."

A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim," and "Counterclaim."

A preliminary version of a document; an order prepared following judgment submitted to the court for its approval; to prepare, or draw, a legal document.

In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge following the presentation of evidence, or to a written summary of argument.

The law as established and developed by the decisions made in each court proceeding. See "common law."

An act; a statute; a written law made by a government. See "regulations."

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