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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Legal Ease, I need help with my motion record in response a

Customer Question

Hello Legal Ease, I need help with my motion record in response a lawyer's motion to remove himself.
Submitted: 3 months ago.
Category: Canada Law
Expert:  Legal Ease replied 3 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 3 months ago.
In terms of affidavits, is it ok to include only my own affidavit?
Expert:  Legal Ease replied 3 months ago.

The Affidavit is your evidence.

In a trial the evidence is put in by way of viva voce (live) testimony under oath.

Where there is a motion there is rarely an opportunity to put in live testimony. You argue but you don't testify.

So you include all the evidence you want to provide in your Affidavit.

If someone else can be a witness for you then you would use their affidavit as well.

But that is not necessary.

Does that clarify things?

Customer: replied 3 months ago.
in terms of documents I need to include which my lawyer included in the original motion record, I only need to include the notion of motion?
Expert:  Legal Ease replied 3 months ago.

You actually don't really need that.

The court will have already seen it actually.

I misunderstood what you were asking at first.

Just put in your response.

Customer: replied 3 months ago.
Where do I connect the evidence exhibits to the statements of facts in the affidavit?
Expert:  Legal Ease replied 3 months ago.

You can attach them to the end of the Affidavit or put them into a separately bound document and call that the exhibits to the affidavit but still mark each exhibit as a separate exhibit even though they are all bound in one booklet.

Customer: replied 3 months ago.
There are transcripts attached so am I supposed to discuss the evidence and explain how the evidence is relevant?
Customer: replied 3 months ago.
Do I need to give a copy to the court?
Expert:  Legal Ease replied 3 months ago.

Yes you give a copy to the Court.

You discuss the exhibits in your affidavit to make it clear what they are.

Then you serve everything on the other side.

Then you file all your served with an affidavit of service with the court.

Customer: replied 3 months ago.
I served the motion record with my affidavit. I didnt mention any exhibits just statements of facts but the exhibits are attached and inside the index. Can I still orally argue my case with the exhibits?
Expert:  Legal Ease replied 3 months ago.

You may not be able to do so.

They are not going to be considered evidence as they are not part or your sworn statement.

Customer: replied 3 months ago.
Can I file a supplementary affidavit?
Expert:  Legal Ease replied 3 months ago.

Yes you can.

Customer: replied 3 months ago.
how many business days do I have for submitting a response?
Customer: replied 3 months ago.
or how many days in general do I have to file a response?
Expert:  Legal Ease replied 3 months ago.

It has to be served and filed with the court at least two days before the hearing.

Customer: replied 3 months ago.
Does that include weekends
Customer: replied 3 months ago.
When counting days?
Expert:  Legal Ease replied 3 months ago.

No.

When you count dates and the time limit is under one week you only count business days.

Expert:  Legal Ease replied 3 months ago.

Is there anything more I can help you with at this point in time?

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