Orders Package 25Apr12 amendments by HC12080703248

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									                                       ORDERS PACKAGE


At the conclusion of a chambers hearing, a trial or any other type of court hearing one of the
parties (usually the successful party) is required to prepare a draft of the order made by the
court which order must, unless the court otherwise orders, be approved in writing by all parties
(or their lawyers) who appeared at the trial or hearing. Once an order has been prepared and
approved by the required parties it is submitted to the court registry for entry. The order must
be drafted in accordance with the clerk’s notes. Any party may obtain a copy of the notes from
the registry. If the order is not consistent with the clerk’s notes or is not in the correct form it
may be returned to the drafter for corrections. Once everything is correct the order will be
entered.

The general rules with respect to orders are Supreme Court Civil Rule 13-1 and Supreme Court
Family Rule 15-1.

Supreme Court Civil Rule 13-1(3) sets out what form of order should be used and reads as
follows:

       Form of order
       (3)  Unless these Supreme Court Civil Rules otherwise provide,
                a) an order made without a hearing and by consent must be in Form
                   34,
                b) an order made after a trial must be in Form 48, and
                c) any other order must be in Form 35

Supreme Court Family Rule 15-1(1) sets out the correct form of orders for a family law case and
reads as follows:

       Form of order
       (1)  Unless these Supreme Court Family Rules otherwise provide, an order
            must be in the following form:
                a) if the order is a final order,
                       i.  in Form F33 if the order rescinds, changes or suspends a
                           final order and is made by consent,
                      ii.  in Form F51 if the order rescinds, changes or suspends a
                           final order and is not made by consent,
                    iii.   in Form F34 if the order is made under Rule 10-8 without
                           notice and without a hearing, or
                     iv.   in Form F52 in any other case;
                b) if the order is not a final order and is made without a hearing and
                   by consent, in Form F33;
                c) if the order is not a final order and is made under Rule 10-8
                   without notice and without a hearing, in Form F34;
                d) if the order is a restraining order made under section 46 of the
                   Family Maintenance Enforcement Act or under section 37, 38 or
                   126 of the Family Relations Act, in Form F54;
                e) for any order not referred to in paragraph (a), (b), (c) or (d), in
                   Form F51.
Drafting court orders is not always a straightforward task. Court registry staff are not legally
trained and therefore are unable to assist you with drafting your order. Depending on the
complexity of the order you are drafting, you may wish to seek the help of a lawyer to draft your
order. If you wish to draft your own order, the following is a list of resources that may assist you
in drafting the order.

The Justice Education Society has a website (http://www.justiceeducation.ca/) with detailed
information in guidebooks about representing yourself in Supreme Court.
This includes a guidebook called “Drafting Orders. The link for that guidebook is:
http://www.supremecourtbc.ca/sites/default/files/web/Drafting-Orders.pdf.


Clicklaw is another helpful website (www.clicklaw.bc.ca) that provides legal information

The Continuing Legal Education Society of British Columbia has a number of different manuals,
some of which are specific to certain areas of the law. These include the BC Family Practice
Manual which includes samples of draft orders for custody, access, child maintenance and
many others. There is also a manual available from the Continuing Legal Education Society of
British Columbia titled, “Supreme Court Chambers Orders”, which includes precedents for many
of the more common types of orders pronounced in chambers. A number of these manuals are
available in the courthouse libraries.

The orders included in this package are templates. In order for your order to be accepted by the
registry for filing and entry, you will need to prepare a “clean” copy of your order removing all of
the instructions that appear in italics as well as any paragraphs that do not apply. The below
link is to the Ministry of Justice website where you will find online fill able forms which you may
find helpful in preparing your order. You will need to select the link leading to either Supreme
Court “Civil” or “Family” depending on what type of proceeding your are involved in:

http://www.ag.gov.bc.ca/courts/forms/index.htm


Included in this package are the following forms of orders:
    1) Supreme Court Civil Form - Form 35
    2) Supreme Court Civil Form – Form 48
    3) Supreme Court Family Form - Form F51
    4) Supreme Court Family Form – Form F52
    5) Supreme Court Family Form – Form F54
Form 35
                                                                                          No. .........................................
                                                                                        ................................... Registry

                                   In the Supreme Court of British Columbia

Between



                                                                                                            Plaintiff/Petitioner

and


                                                                                                   Defendant/Respondent


                                    ORDER MADE AFTER APPLICATION
                   [Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then
  remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

                 )   THE HONOURABLE JUSTICE ............................ )
                 )   or A JUDGE OF THE COURT                                              )
BEFORE           )   or                                                                   )           ....[dd/mmm/yyyy]....
                 )   MASTER ............................................................. )
                 )   or A MASTER OF THE COURT                                             )

[Select whichever one of the 3 following provisions is correct, complete the selected provision and
remove the provisions that have not been selected so that they do not appear in the form when the form
is filed.]

ON THE APPLICATION of ............[party(ies)].............. coming on for hearing at ........................
on ........[dd/mmm/yyyy]...... and on hearing .............[name of party/lawyer]........... and
............[name of party/lawyer]...............;

ON THE APPLICATION of .............[party(ies)]............. without notice coming on for hearing at
................................... on ........[dd/mmm/yyyy].......... and on hearing .............[name of
party/lawyer]...............;

ON THE APPLICATION of .................[party(ies)]................ without a hearing and on reading the
materials filed by ..............[name of party/lawyer]................ and ...............[name of
party/lawyer]..................;


THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words “By
consent,” to the beginning of the description of the order.]

1.

2.

3.

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO
EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving
party.]


.......................................................................
Signature of
 party  lawyer for .................................................
                                          [name of party(ies)]

.......................[type or print name]...............................



.......................................................................
Signature of
 party  lawyer for .................................................
                                          [name of party(ies)]

.......................[type or print name]...............................


                                                                             By the Court.


                                                                             ...............................................
                                                                             Registrar
Form 48

                                                                                                   No. .........................................
                                                                                                 ................................... Registry

                                        In the Supreme Court of British Columbia

Between



                                                                                                                     Plaintiff/Petitioner

and


                                                                                                            Defendant/Respondent


                                                     ORDER AFTER TRIAL

                      )                                                     )                                 ...............day, the
BEFORE                ) THE HONOURABLE JUSTICE ............................ )                                  ............. day of
                      )                                                     )                                 ........................., 20....


THIS ACTION coming on for trial at ........................................................................................, on

......................................................................, and on hearing ........................................................
              [dd/mmm/yyyy]                                                                      [name of party/lawyer]

and .............................................................................., [add the following if applicable: AND
                [name of party/lawyer]

JUDGMENT being reserved to this date]:

THIS COURT ORDERS that:

[If any of the following orders are by consent, indicate that fact by adding the words “By
consent,” to the beginning of the description of the order.]

1.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO
EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving
party.]


.......................................................................
Signature of
 party  lawyer for .................................................
                                          [name of party(ies)]

.....................................................................................
                            [type or print name]



.......................................................................
Signature of
 party  lawyer for .................................................
                                          [name of party(ies)]

.....................................................................................
                            [type or print name]
                                                                                        By the Court.
                                                                                ...............................................
                                                                                Registrar

Form F51
                                                             Court File No.: ............................................
                                                            Court Registry: ..............................................

                                In the Supreme Court of British Columbia


Claimant:


Respondent:


                                 ORDER MADE AFTER APPLICATION
                  [Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then
  remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]


                 )   THE HONOURABLE JUSTICE                                     )
                 )   or A JUDGE OF THE COURT                                    )
BEFORE           )   or                                                         )           .....[dd/mmm/yyyy]
                 )   MASTER                                                     )
                 )   or A MASTER OF THE COURT                                   )


[Select whichever one of the 2 following provisions is correct, complete the selected provisions and
remove the provision that has not been selected so that it does not appear in the form when the form is
filed.]

ON THE APPLICATION of ..............[party(ies)].............. coming on for hearing at .....................
on ..........[dd/mmm/yyyy].......... and on hearing ...........[name of party/lawyer]........... and
.........[name of party/lawyer].................;

ON THE APPLICATION of ..............[party(ies)]............... without notice coming on for hearing at
.................................... on ........[dd/mmm/yyyy]............. and on hearing ...............[name of
party/lawyer]..................;


THIS COURT ORDERS that:

[If any of the following orders are by consent, indicate that fact by adding the words “By
consent,” to the beginning of the description of the order] [If this order is to rescind, change or
suspend a final order, identify the judge by whom and the date on which that order was made.]

1.
2.

3.
THE PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE
ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving
party.]



..........................................................................
Signature of  party  lawyer for .........................................
                                                              [name of party(ies)]

......................[type or print name].....................




..........................................................................
Signature of  party  lawyer for .........................................
                                                              [name of party(ies)]

......................[type or print name].....................
                                                                                     By the Court.


                                                                                     .............................................
                                                                                     Registrar
Form F52
                                                               Court File No.: ............................................
                                                              Court Registry: ..............................................

                                 In the Supreme Court of British Columbia


Claimant:


Respondent:


                                                FINAL ORDER
                  [Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then
  remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]


                 )   THE HONOURABLE JUSTICE                                       )
                 )   or A JUDGE OF THE COURT                                      )
BEFORE           )   or                                                           )           ....[dd/mmm/yyyy]....
                 )   MASTER                                                       )
                 )   or A MASTER OF THE COURT                                     )

[Select whichever one of the 4 following provisions is correct, provide any required information and
remove the provisions that have not been selected so that they do not appear in the form when the form
is filed.]

This family law case coming on for trial at ......................................, on .....[dd/mmm/yyyy]...., and
on hearing ........................., [add the following if applicable: the lawyer for] the claimant and
.............................., [add the following if applicable: the lawyer for] the respondent, and on
considering the evidence put forward [add the following if applicable: AND JUDGMENT being
reserved to this date];

This family law case coming on for hearing at ............................ on .....[dd/mmm/yyyy]...... and
on hearing ..............[name of party/lawyer]................. and ..............[name of party/lawyer]..........,
and on considering the evidence put forward;

This family law case coming one for summary trial under Rule 11-3 of the Supreme Court
Family Rules and on considering the evidence put forward;

This family law case coming on as an undefended family law case without an oral hearing under
Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;


THIS COURT ORDERS that
[If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the
selected provision and remove the provision that has not been selected so that it does not appear in the
form when the form is filed. If a divorce is not granted, remove both the following provisions so that they
do not appear in the form when the form is filed.]

Subject to section 12 of the Divorce Act (Canada), the claimant, ...........[name]............, and the
respondent, ..............[name].................., who were married at ............[place].............. on
.....[dd/mmm/yyyy]......., are divorce from each other, the divorce to take effect on the 31st day
after the date of this order.

Subject to section 12 of the Divorce Act (Canada), the claimant, ............[name]............., and the
respondent, ................[name]................., who were married at ...........[place]................ on
......[dd/mmm/yyyy]......, are divorce from each other, the divorce to take effect on
....[dd/mmm/yyyy]..... .

THIS COURT ORDER that

[If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms
of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by
adding the words “By consent,” to the beginning of the description of the order.] [If no orders other than
divorce orders are made, remove this provision so that it does not appear in the form when the form is
filed.]

1.

2.

3.

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO
EACH OF THE ORDERS, IF ANY, THAT INDICATED ABOVE AS BEING BY CONSENT:

[A signature line in the following form must be completed and signed by or for each approving
party.]


..........................................................................
Signature of  party  lawyer for .........................................
                                                              [name of party(ies)]

..............................[type or print name].........................



..........................................................................
Signature of  party  lawyer for .........................................
                                                              [name of party(ies)]

..............................[type or print name].........................
                                                                                     By the Court.
.............................................
Registrar

								
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