Receive further documents
You'll receive:
- Notice of Hearing of Application
- Any new affidavits from the applicant
- The Application Record Index
Notice of Hearing of Application
The Notice of Hearing of Application will say the date and time of the hearing. Make a note of this in your calendar. It will also say the duration of the hearing and the orders sought.
If the hearing is expected to take 2 hours or under, the other person must serve this on you at least 7 days before the date set for hearing.
If the applicant expects the hearing will take over two hours, then they are required to serve this form on you within 7 days after the registrar fixed the date of the hearing and at least 14 days before the date set for the hearing.
More affidavits
After the other person receives your documents, they might send you one or more additional affidavits. These documents must be served on you within 5 business days after you served them with the 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 pm 2 business days before the hearing. If the hearing is a Friday, you should receive this 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 are included in the Application Record. If something's 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.)
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.