first hearing tomorrow - false statements in respondent affidavit

[miguel]

Applicant applies.
Respondent responds to applicant.
Applicant can only reply to material in the response, not raise new material.

I've assumed this is for a FCC and the OP has said this is the 'first' hearing. I'm unclear if it is just a directions hearing, in which case there's no panic, or an interim hearing where interim orders will be sought, in which case get a reply in ASAP (eg tonight).

Ok, I'm off to write a response.

 

[miguel]

before the hearing.

I'd say the same provisions apply. You will need to swear and serve it at the next opportunity.

 

[malcolm_smith]

Should include annexes? Can I simply get the affidavit witnessed by the police?

 

[miguel]

Applicant applies.
Respondent responds to applicant.
Applicant can only reply to material in the response, not raise new material.

I've assumed this is for a FCC and the OP has said this is the 'first' hearing. I'm unclear if it is just a directions hearing, in which case there's no panic, or an interim hearing where interim orders will be sought, in which case get a reply in ASAP (eg tonight).

Rod, do you know if there's a specific form or just use the standard affi

Should include annexes? Can I simply get the affidavit witnessed by the police?

Don't know about state police, I didn't think they could sign a federal affidavit. I have been going to t JP.

If it's in the federal circuit court seeking interim orders then keep the affidavit below 10 pages and the amount of Annexures below 5.

Be careful not to behave in a way that would show you and the ex can't co-parent. That's what a manipulative ex would be going for. If the judge takes the view you can't co-parent then you might not get access.

 

[thatbloke]

Waste of time replying before a first interim hearing. You are just adding more paperwork that wont be read in an overcrowded court room on the day. You will be lucky to get it in front of the judge if its tomorrow and even then you will be even luckier to get more than 10 minutes let alone have the judge read anything and at this point they could not give a toss about minor rebuttals.... Save it for when the 11f has been ordered and let the report writer read your response. to her response. Much more productive

 

[malcolm_smith]

thank you. I'll just focus on getting a good nights sleep.

 

[thatbloke]

thank you. I'll just focus on getting a good nights sleep.

Sleep is much more important mate than panicky last minute writing of affidavits you dont need yet.. you will have plenty of time to respond

I think you will find the stuff you mentioned in your first post won't even matter as this case continues to be honest.

 

[Rod]

Sighes.

Up to you OP. I know what I'd be doing.

 

[Rod]

Rod, do you know if there's a specific form or just use the standard affi

In the FCC there is Reply form you use.

 

[thatbloke]

Sighes.

Up to you OP. I know what I'd be doing.

But you haven't really said why you would be doing it have you ?

What about the 48 hour rule? How would you get it in front of the judge tomorrow morning?