Receive documents and file response
You'll receive:
- The Notice of Hearing of Application
- Any new affidavits from the applicant (called reply affidavits)
- The Application Record Index
You will likely receive these documents at different times. The Notice of Hearing of Application must be filed and served on you at least 4 business days before the date of the hearing. This document sets out the date and time of the hearing. Mark it in your calendar, you won't get any further reminders. It will also set out the length of time of the hearing and the orders the other person is seeking.
More Affidavits
After the other person receives your documents, they may send you one or more additional affidavits. The other person must serve these reply affidavits on you within 3 business days after receiving your Application Response.
Any new affidavits should contain only new information not included in the earlier affidavits served with the Notice of Application (Form F31).
Application Record Index
The other person must provide the court with a binder of all the material for the hearing, including your Response and your affidavits. This is called the Application Record. The other person must provide you with the index to the Application Record, which lists the documents that are included in the binder, no later than 4 p.m. 2 business days before the hearing. If the hearing is Friday, you must receive the index by 4pm on the Wednesday.
If any documents are missing from the index
Review the index carefully to make sure that all the documents you want to show to the judge or associate judge are included in the Application Record. If something is missing from the index, tell the other person immediately, by fax or email if possible, and ask them to include the missing documents. Make a copy of this letter for the judge or master.
Bring two extra copies of any missing documents to the hearing so that you can give one each to the judge and the other person, if necessary. Bring along the Affidavit(s) of Ordinary Service to prove that the documents were delivered to the other person and should have been in the Application Record.
File you forms at the court registry
You'll need:
Your completed forms:
Application Response (Form F32)
Every Affidavit (Form F30) and every document you intend to refer to in court, if if hasn't already been filed at the registry as part of the case
$25 filing fee to file Application Response
Take the original and the three copies, plus the filing fees, to the Supreme Court registry.
A clerk at the registry will take your money, check your documents, stamp them with the court seal, and put the originals into the file for your case. They will give the stamped copies of the forms back to you.
You must file your Application Response (Form F32) and Affidavit after you have received the Notice of Hearing of Application but before the hearing starts.