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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101384
Experience:  Lawyer
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I have been served to appear in court 'application'... story

Customer Question

I have been served to appear in court for an 'application'...long story short I've been battling with my mother whom I purchased a home with as an investment. My husband and I are 2/3 owners, she is 1/3. She wants the house sold and has her own terms and of course we don't agree and have our own terms. She has hired an attorney and now this matter will be seen in court. It is 10 days until the date to appear, my question is....I have all sorts of documents and proof that validate the lies she sworn to on her affidavit and evidence submitted to the court. There are no instructions other than to appear #1 and if I want to submit an affidavit and evidence I have to 'within a reasonable amount of time' give my copies to the plaintiff. This isn't like a typical civil case where you have the opportunity to dispute allegations and give the reasons why and submit your own documents to the court. How will the judge see my paperwork prior? Or is it all presented at the time of the application? Do I just defend myself at the time of the application? Very confusing
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
I was served yesterday, court date is in 10 days.
Expert:  Debra replied 2 years ago.
What is the title on the top of the legal document exactly?
Customer: replied 2 years ago.
I have 2 documents.
The first one has court file #
Court of queens bench Alberta
Judicial centre Edmonton
Applicant HER
Respondents US
Document Originating application
Address for service and
Contact info of party filing this doc
This application is made against you. You are a respondent. You have the right to state your side of this matter before the court. To do so, you must be in court when the application is heard as shown below.
The second Document I have is HER affidavit and exhibits.
Expert:  Debra replied 2 years ago.

You can provide a sworn Affidavit and serve it on the Applicant and then file it with proof of service at the courthouse.

In the affidavits, as exhibits include all your evidence that you have.

It will be in the same form as your mother's.

The Judge will see it because you are filing it with the court.

Customer: replied 2 years ago.
Do I have to have sworn affidavit if I'm present to defend myself with all my evidence? They've given me 6 days to put my case this fair?
Expert:  Debra replied 2 years ago.

I don't know what is going on because it sounds to me that this is just a motion and you are not having a trial and I don't understand that to be frank.

But you do need to put in your evidence into an Affidavit because it is not a trial and because she did you need to have enough on your side.

You can ask for an adjournment to either have time to get ready to answer or to find a lawyer.

Customer: replied 2 years ago.
Can I make my own affidavit and have it signed with a notary or does it need to be made legally in front of an attorney
Expert:  Debra replied 2 years ago.

You can make your own and have the clerk at the courthouse swear it for you.