Should we be serving the other party with a Notice of Motion (form 14) once we discovered that the Motion has been approved to proceed??
Province/Territory relating to question: Ontario
Dear Sir or Madam,
Welcome to JustAnswer,
The simple answer to your question is, Yes, you commence a motion in family court by serving and filing a Notice of Motion.
There are other requirements, however, in addition to serving the Notice of Motion.
For instance, you will need to determine what days the court in your jurisdiction actually hears motions.
And if the motion is a lengthy motion, you will need to have the actual date assigned to you by the court in your jurisdiction.
In addition to the motion, you must prepare any Affidavits that you will rely upon when arguing the motion.
This involves form 14A
The procedure is found in Rule 14 of the Family Law Rules.
You can find them at:
All of the forms you may require can be found at:
This is a little different in the sense that it was an urgent motion that was filed.
Okay, so we were told to fill out a form 14A and 14B, serve and file it. The other party then served and filed an affidavit of their own in response. The motion has now been approved (I only know that because I called the Court and they were able to tell me over the phone).
How can we really serve the other party with a notice of Motion if we haven't formally (by mail or otherwise) been notified by the Court that the Motion will be heard?
Ok, sorry about that
Was on the phone
Ok, so it sounds to me as if you have not had a Case Conference yet and you can only proceed with a motion if it is an Urgent Motion.
Is that correct?
Yes, that is correct. It is urgent and the Judge has approved it to proceed and there is date set already (decided by the Judge).
ok, so you go through the normal procedure now of preparing a Notice of Motion and accompanying affidavits and serving them upon the other side with the date authorized
Alright, so fill out the Notice of Motion as best I can and serve that on the other party with the date
Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
Yes, but not just the Notice of Motion. You need to prepare your Affidavit(s) as well and serve and file it with the Notice of Motion.
We already served the Motion form along with our Affidavit(s). It's now been approved to proceed. So do we have to re-serve and re-file our Affidavit(s) along with the Notice of Motion?
Probably not if you have served them before, but for the cost of a few copies, I would play it safe and serve it again in one comprehensive package.
Do we need to file the notice of motion with the court, or can we just serve the other party?
You follow the procedure in Rule 14 that provides for service first and then filing with court