Prepare an Application Record
You'll need
- Two one-inch or one-and-a-half-inch binders
- Two sets of tabbed divider pages with numbers
- Two elastic bands big enough to go around the binders
- Copies of all your documents, including:
- your filed Notice of Application (Form F31),
- the other person's Application Response (Form F32), and Affidavits, if you receive them,
- your reply Affidavits, if you had any, and
- A blank Application Record index
An Application Record is a loose-leaf ring binder, divided by tabs, that contains the documents filed for the application and the legal arguments you'll rely on to make your case. The judge or associate judge will use this information, along with what you say in court, to decide whether to give you the order you're asking for.
You need two copies of the Application Record: one for you and one for the court. The court will return their copy to you at the end of the court hearing.
You need an extra copy of the Notice of Application to keep outside of the Application Record (not whole punched) to give to the registry. You should clear mark the orders sought.
The Application Record can include:
- draft orders
- written arguments
- lists of authorities (citations for any case, textbook, article, or statute you might use to support your argument)
- a draft bill of costs
You can't include Affidavits of Service, copies of authorities, or other documents unless the other person has agreed to let you.
Steps for preparing an Application Record
Follow these steps to assemble each of two Application Records:
Serve the Application Record index on the other person and file the Application Record at the court registry
You must complete the following steps before 4 pm on the day that's two business days before the date set for the hearing in your Notice of Application. If your hearing is on a Friday, you must file these documents by 4pm on the Wednesday.
File a copy of your Application Record at the registry
Give one copy of the full Application Record to the court registry. You must file your Application Record no earlier than 9am on the day that is 5 business days before the hearing and no later than 4pm on the day that is 2 business days before the hearing. If the hearing is on a Friday, you can file between 9am the Friday prior to the hearing and 4pm on the Wednesday prior to the hearing. Do not forget to bring an extra loose copy of the Notice of Application that is not whole-punched for the registry. Clearly mark the orders you are seeking.
Serve a copy of your index
If the other person responded to your Notice of Application, serve a copy of the Application Record index on them by ordinary service. Go back to Step 4: File and serve for instructions on serving documents by ordinary service.