3. Serve your documents

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Family Law - Going to family court
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General

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What is an urgent motion with notice in family law and what happens at one?
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3. Serve your documents

You must serve your partner with a copy of your documents at least 6 days before the date of your motion. Rule 6: Service of documents tells you how to serve your documents.

There is also a guide on how to serve documents.

Rule 3: Time tells you how to count time or days. Counting time or days is important because court staff won't accept your documents if you have not followed the rules.

For example, if you have more than 7 days to serve or file your documents or to confirm your court date, then Saturdays, Sundays, and holidays when court offices are closed are counted.

But if you have less than 7 days to serve or file your documents or to confirm your court date, then Saturdays, Sundays, and holidays when court offices are closed are not counted.

Whoever serves the documents on your partner must fill out Form 6B: Affidavit of Service. In it, they say when, where, and how they served your partner. The form proves that your partner got a copy of your documents and knows that they have to respond to them.

File your documents

You need to go back to the courthouse once your partner has been served to file all of the documents that you served on your partner and Form 6B: Affidavit of Service in your continuing record. You do not file any offers to settle. You must do this at least 4 days before the motion date.

There is a guide on how to file documents. You do this at the court counter, with the help of the court clerk.

The continuing record is your court file that has all the important documents in your case. When you add a document to the continuing record, you also have to update the table of contents by listing each document you're filing.

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Ontario Court Forms
Reviewed: July 1, 2018

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