Family Law Rules - Procedural Application Part 2
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Questions and Answers

What is the primary purpose of a case conference in family law proceedings?

  • To finalize the trial date
  • To serve documents to the opposing party
  • To present evidence to the judge
  • To facilitate negotiations between the parties (correct)

What must be done within 45 days after starting a case for a separation and child custody issue?

  • Begin trial preparations
  • Attend a case conference (correct)
  • Serve documents personally
  • File for a divorce

Which document must Alana's lawyer file to initiate the court case?

  • Response form
  • Application (correct)
  • Notice of Motion
  • Affidavit of Service

What is one requirement for a settlement conference in family law matters?

<p>Both parties must be represented by counsel (C)</p> Signup and view all the answers

What type of service must be used to serve documents on Tiger, and which is an example?

<p>Personal service; delivering documents directly to him (C)</p> Signup and view all the answers

What is required to be served and filed by a party requesting a case conference?

<p>Case conference brief (Form 17A or 17B) (C)</p> Signup and view all the answers

What document must both parties bring to a settlement conference?

<p>Settlement conference brief (Form 17C or 17D) (C)</p> Signup and view all the answers

By when must the applicant serve and file their documents for a conference?

<p>Not later than 6 days before the conference (D)</p> Signup and view all the answers

What is one of the documents that must be filed for a trial management conference held in the Superior Court of Justice?

<p>Trial management conference brief (Form 17E) (D)</p> Signup and view all the answers

What confirmation must each party provide regarding their attendance at the conference?

<p>Form 17F (Confirmation of Conference) (A)</p> Signup and view all the answers

Which statement about the submission timeline for the other party’s documents is correct?

<p>Serve and file not later than 4 days before the conference (D)</p> Signup and view all the answers

In which type of conference is an outline of the party's opening statement required?

<p>Trial management conference (D)</p> Signup and view all the answers

For which conference is a trial scheduling endorsement form mandatory?

<p>For trial management conferences held in the Superior Court of Justice (C)</p> Signup and view all the answers

What methods are available for submitting documents three days before the scheduled conference date?

<p>Delivery to the court office, email submission, or online submission (A)</p> Signup and view all the answers

Which statement accurately describes the requirements for an offer to settle?

<p>The offer can be withdrawn by notice any time before acceptance. (C)</p> Signup and view all the answers

Who is responsible for preparing a draft of the order when a ruling is made?

<p>The party in whose favor the order is made (A)</p> Signup and view all the answers

What is the first step required to electronically file a document under Rule 1.1?

<p>Complete, sign, date, and commission the document as required (A)</p> Signup and view all the answers

What are the naming requirements for electronic documents submitted to the court?

<p>The document name must indicate document type, submitting party type, party name, and creation date. (A)</p> Signup and view all the answers

What happens to an offer to settle once it is accepted?

<p>The offer can no longer be withdrawn. (D)</p> Signup and view all the answers

Which of the following statements is true regarding electronic filing and issuance of documents?

<p>Documents must be filed using software authorized by the Ministry of the Attorney General. (D)</p> Signup and view all the answers

During a trial management conference, what type of orders might be addressed?

<p>Orders that involve procedural matters and timelines (A)</p> Signup and view all the answers

Flashcards

Family Court Conference Types

Family court conferences include case, settlement, and trial management conferences.

Conference Notice (Form 17)

A document a party files to request a conference in family court.

Case Conference Brief (Form 17A/17B)

A document containing important info about the case, used in case conferences.

Settlement Conference Brief (Form 17C/17D)

Document for settlement conferences where parties try to settle issues outside court.

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Trial Management Conference Brief (Form 17E)

Document for trial management conferences, used to outline trial steps.

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Brief Filing Deadlines (Rule 17)

Specific timeframes for filing briefs regarding conferences (6 days/4 days).

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Confirmation of Conference (Form 17F)

Important to confirm attendance for the conferences for all parties and clerk.

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Fast Track vs. Standard Track

Two distinct processes for handling family court cases, usually referring to different speeds and timelines.

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Electronic Filing Confirmation

A written confirmation from the authorized software or clerk indicating a document has been electronically filed or issued.

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Court for Divorce Case

The case involving Tiger and Alana will proceed in the Ontario Superior Court of Justice, Family Court Branch.

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Starting a Divorce Case: What Document?

Alana's lawyer must complete a Statement of Claim (Form 1) to initiate the divorce proceedings.

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Serving the Other Party: How?

The documents must be served on Tiger using substitute service. This can be done through registered mail or personal service by an officer.

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Case Management Track: What is it?

This case is likely to be assigned to the Standard Track due to the complexity of the issues involved, such as child support, and spousal support.

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Offer to Settle

A formal proposal by a party to resolve a legal dispute on specific terms.

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Offer to Settle Delivery

An offer to settle can be delivered to the opposing party three days before the conference by hand, email, or online through Justice Services Online.

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Offer to Settle Withdrawal

An offer to settle can be withdrawn any time before it's accepted by the other party.

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Order Preparation

The party who receives a court ruling is responsible for preparing a draft of the order.

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Electronic Filing

Many legal documents can be filed electronically through Justice Services Online using authorized software.

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Electronic Filing Requirements

Documents must be completed, signed, dated, and saved as a PDF.

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Document Naming Conventions

Document names must clearly identify the document type, submitting party, and creation date.

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Electronic Issuance

Court documents can be issued electronically using authorized software, if available.

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Study Notes

Family Law Rules - Application of Procedural Rules - Part 2

  • Week 11 focus on applying procedural rules in family law cases.
  • Learning Objectives: Apply substantive knowledge from the course, discuss case management (fast and standard tracks), and procedures/documents used in cases and conferences.
  • Rule 17 - Conferences: Three types of conferences exist: Case Conference, Settlement Conference, and Trial Management Conference.
  • Rule 17 (4.1): A party requesting a conference must serve and file a Form 17 - Conference Notice.
  • Rule 17 (13): Each party is expected to submit documents for conferences:
    • Case conference brief (Form 17A or 17B)
    • Settlement conference brief (Form 17C or 17D)
    • Trial management conference brief (Form 17E).
  • Rule 17(13.1): Parties must serve and file briefs within specified timeframes:
    • Requesting party (Applicant): 6 days before the conference
    • Other Party: 4 days before the conference
  • Rule 17(14): Parties must confirm conference attendance by providing a copy of Form 17F (Confirmation of Conference) to all parties - three days before the conference: mail, fax, email, etc..
  • Rule 18 - Offers to Settle: A party can make an offer to settle; the offer must be signed by the party and their lawyer (if applicable); offers can be withdrawn before acceptance; offers are confidential and have cost consequences.
  • Rule 25 - Orders: The party benefiting from an order must prepare the order's draft.
  • Rule 1.1 - Electronic Filing and Issuance of Documents: Documents can be filed/issued electronically through the Justice Services Online software, according to established guidelines.
  • Rule 1.1 (1): Allows for filing and issuance electronically, using specific software from the Ministry of the Attorney General.
  • Rule 1.1 (How it works):
    • Documents must be completed, signed, dated, and witnessed as needed.
    • Save each completed document as a PDF.
    • Document names must include specific information (type, submitting party, date created/signed).
  • Rule 1.1 (3): Electronic issuance is standard unless explicitly excluded.
  • Rule 1.1 (4): Filing/issuance to the software is considered valid only if confirmation is obtained in writing, or from the clerk, on the relevant date.
  • Procedural Rules - Exercise 3: Case study involving a married couple seeking a divorce.
    • Case details including separation, children, and legal representation are provided.
  • Procedural Rules - Exercise 3 - Questions: Questions regarding court, necessary documents, service forms, cases, sessions, and the forms parties need to use and the time frames for service.
  • Review of Procedural Rules - Lets Put it All Together: (Summary review of procedures.)

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Family Law Rules – Application of Procedural Rules PDF

Description

This quiz focuses on the application of procedural rules in family law cases, specifically in Week 11. It covers case management, types of conferences, and required documentation for each conference type, ensuring a comprehensive understanding of Rule 17.

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