If another party has served motion forms on you, there are a few steps you must follow when responding.

Step 1: fill out your motion forms

To respond to a motion you must complete the following forms:

  • Form 14A: Affidavit (General)
    • write out the evidence to explain your side of the story and whether or not you agree with the orders the other party is requesting
    • attach any relevant documentary evidence to this form as an “exhibit”
    • identify each exhibit that you attach, in an alphabetic sequence (for example, you may write “Attached as ‘Exhibit A’ is a copy of an access schedule, agreed upon by me and the respondent”)
    • swear or affirm that the information in this form is true, and sign the form in front of a commissioner for taking affidavits. There are commissioners at all family court offices who will commission the form for free.
  • an updated Cumulative Table of Contents in the Continuing Record
  • an updated Financial Statement (Form 13, Form 13.1, or Form 14A) if the motion relates to child support, spousal support, or property
  • a Factum or Summary of Argument if your case is in the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice
    • write out the rules and laws that apply to the facts in your case, which support your response to the motion.
    • for more information, refer to the court’s provincial and regional Practice Directions

Step 2: serve and file your motion forms

Once you complete your forms you should make at least two copies – one copy for yourself, one copy for the other party and the original for the court. You must:

  1. serve a copy of all your responding forms on the other party, using regular or special service
  2. complete and swear or affirm Form 6B: Affidavit of Service in front of a commissioner for taking affidavits
  3. file your original responding forms and completed Affidavit of Service (Form 6B) with the court

You need to serve and file your responding motion forms at least:

  • four business days before the motion date, if you were served with a motion for a temporary order (Form 14)
  • four business days after the motion forms were served on you, if you were served with a procedural, uncomplicated, or unopposed motion (Form 14B)

Step 3: attend the motion hearing

The last step is to attend the motion hearing, unless it is a procedural, uncomplicated, or unopposed motion (Form 14B) that is being considered by the judge based only on written material.

See Step 5 of bringing a motion for more information on the motion hearing process.