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filing of affidavits - final hearing

28 day period prior to trial

Could someone please advise. have final hearing coming up, set down for 11 and 12 December, Federal Magistrates Court re child access. Orders of previous hearing I note that "the applicant do file and serve all further affidavits and other material to be relied upon by the applicant no later than 28 days prior to the trial. I,m worried that I may not be able to file documents within this time frame, looking at the calender, the 28 day stipulation looks impossible. Could I be penalised for filing the document outside of the 28 day period.
You can write to the registrar of the court and ask for a shorter time period - for example, 14 days before trial. It may or may not be granted. Better to do sooner, rather than later.

If you file after the date (28 days prior) you run the risk of the other side asking that it not be allowed.

Another thing to know of is if you get close, you can serve "unsealed" documents. This means, they are your final documents, but have not been stamped by the court yet. This is then followed up by you filing and serving the stamped documents. The other side can object to this, but it is less likely the FM will permit this.

The other option is to have the hearing postponed.

None of these are good options. As a self represented litigant it is best to be as timely and professional as possible. Everyone hates an amateur, especially the court.

Another option is to compromise with the other party and come up with consent orders. Although, if you're already in the system, consent may not be possible.  :cool:

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terb59lig said
Could someone please advise. have final hearing coming up, set down for 11 and 12 December, Federal Magistrates Court re child access. Orders of previous hearing I note that "the applicant do file and serve all further affidavits and other material to be relied upon by the applicant no later than 28 days prior to the trial. I,m worried that I may not be able to file documents within this time frame, looking at the calender, the 28 day stipulation looks impossible. Could I be penalised for filing the document outside of the 28 day period.
 

Um… why wouldn't you have your affidavit sworn and filed by November? You would have about 2 months. Have you got something more important to do?

4MYDAUGHTER
Actually its three months last weekend

I am waiting for final hearing dates but i know one thing for sure, for the past two years i have activly met every deadline, been to every court session and filed on time.. IMO, If i only had three months left

1: It would be long enough

2: If it was not, id MAKE it long enough

My perspective is that every single thing i have to do will be put off in order to be ready for final hearing

if it was in six weeks time i coud see a problem, but not with three months to go

I know its hard but…….you need to FOCUS.. You know what you want, now its time to put your case forward..

Three months is plenty of time, if you make it plenty of time, but be warned… it will pass like the blink of an eye so NOW is the time to move forward with whatever you have….There is no need to move the goalposts in relation to filing… It would not look the best on you from what i have seen in court.

 I tried to delay my divorce proceedings and i found out the hard way

Please realise you are you are NOT alone in what is happening, Since i found this place that has been a comforting thought…….

;-)

thanks

A

Last edit: by gooner


They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

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