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?

Both parties must be represented by counsel Signup and view all the answers

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

Personal service; delivering documents directly to him Signup and view all the answers

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

Case conference brief (Form 17A or 17B) Signup and view all the answers

What document must both parties bring to a settlement conference?

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

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

Not later than 6 days before the conference 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?

Trial management conference brief (Form 17E) Signup and view all the answers

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

Form 17F (Confirmation of Conference) Signup and view all the answers

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

Serve and file not later than 4 days before the conference Signup and view all the answers

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

Trial management conference Signup and view all the answers

For which conference is a trial scheduling endorsement form mandatory?

For trial management conferences held in the Superior Court of Justice Signup and view all the answers

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

Delivery to the court office, email submission, or online submission Signup and view all the answers

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

The offer can be withdrawn by notice any time before acceptance. Signup and view all the answers

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

The party in whose favor the order is made Signup and view all the answers

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

Complete, sign, date, and commission the document as required Signup and view all the answers

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

The document name must indicate document type, submitting party type, party name, and creation date. Signup and view all the answers

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

The offer can no longer be withdrawn. Signup and view all the answers

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

Documents must be filed using software authorized by the Ministry of the Attorney General. Signup and view all the answers

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

Orders that involve procedural matters and timelines Signup and view all the answers

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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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.