How to fill out a Notice of Hearing (Form by gzi14304

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									How to fill out a Notice of Hearing (Form 126)

If you click on the numbers below, you’ll link to where those phrases appear on a sample
Notice of Hearing (Form 126). And clicking on the numbers on the sample Notice of Hearing
(Form 126) will bring you back to this instruction page.


1     “No…”
      Insert the court file number here. You can find this number at the top right-hand corner of your
      original order.


2     “…Registry”
      Insert the name of the registry. You can find this name at the top right-hand corner of your
      original order.


3     “BETWEEN:” and “AND:”
      Insert your name, exactly as it appears on your original order, to the left of the word “Plaintiff”
      or “Defendant” (see your original order to find out if you are the plaintiff or the defendant).
      Insert the other party’s name, exactly as it appears on your original order, to the left of either
      “Plaintiff” or “Defendant” (again, see your original order to find out if the other party is the
      plaintiff or the defendant).
      Note: The words “Petitioner” and “Respondent” are no longer used on Supreme Court forms.
      If you were the petitioner in the original order, you are now called the plaintiff. If you were the
      respondent in the original order, you are now called the defendant.


4     “TO…”
      Insert the name of the other party.


5     “TAKE NOTICE that the application of…”
      Insert the words “the plaintiff” or “the defendant,” depending on what you were in the
      original order.


6     “dated…”
      Insert the date that you prepared your Notice of Motion (Form 55).




How to apply to change a family order (includes lowering support) if you do not agree   Instructions for forms — Page 1 of 6
Supreme Court, information for applicants — Notice of Hearing
7     “will be heard in Chambers at the courthouse at…”
      Insert the name and address of the courthouse where the hearing will be held.


8     “on”
      Insert the date you want your case to be heard in court.
      In Vancouver, you can appear in court on any business day (Monday to Friday) to ask a
      judge or master to vary (change) an order. In other places, check with your local Supreme
      Court registry to find out on which days you can apply to change an order.


      What date should you choose?
      There must be at least seven days between the date the other party receives your Notice
      of Hearing (Form 126) and the date you have indicated for your court appearance.
      If possible, talk to the other party to find out which date would be convenient for both of
      you.
      If the other party will not agree to a date, choose a date that is at least seven days after
      the last date on which the other party could deliver documents to you to oppose your
      application to change the order. (See “Wait eight days” in the list of steps for more
      information.)
      For example, if the other party receives your Notice of Hearing (Form 126) on Monday,
      July 16, the hearing cannot be held before Tuesday, July 24.


9     “at the hour of…”
      Insert the time when court will begin. Usually, that will be 9:45 a.m.


10 “The parties have agreed as to the date of the hearing…”
      OR
      “The parties have been unable to agree…”
      OR
      “This matter is unopposed, by consent or without notice.”
      Cross out or delete the sentences that do not apply regarding the date of the hearing.


11 “It has been agreed by the parties that the hearing will take…”
      If you and the other party have agreed on an estimate of how long the hearing will take,
      insert that amount of time (for example, 30 minutes). If you have not agreed, cross out or
      delete this sentence.


How to apply to change a family order (includes lowering support) if you do not agree   Instructions for forms — Page 2 of 6
Supreme Court, information for applicants — Notice of Hearing
12 “The parties have been unable to agree as to how long the hearing will take and…”
      If you cannot agree on how long the hearing will take or if you have not discussed this with
      the other party, insert how much time you think it will take. Practice your presentation out
      loud and time yourself to get an idea of how much time you will need, and then double it,
      as the other party will need likely the same amount of time, to get your time estimate.
      If the other party estimates a different amount of time than you do, insert the other party’s
      estimate at letter “(b).”
      If the other party will not give an estimate, cross out or delete “(b) the time estimate of the
      respondent is … minutes.”


13 “This matter is within the jurisdiction of a master.”
      OR
      “This matter is not within the jurisdiction of a master because…”
      The court needs to know whether a master (instead of a judge) can decide whether the
      order should be changed. If a master made the original order, then a master can change
      the order. You will know if a master made the original order because his or her name will
      appear on the order (for example, Master Jones.)
      If a Supreme Court judge made the original order, a master can change that order if:
     •    an interim order was made, but the case was never finished, or
     •    you were applying for a divorce and a custody/access/guardianship order, but the
          divorce order was never granted, or
     •    you applied for an order under the Family Relations Act and there was no trial.
      If a master can change the order, cross out or delete “This matter is not within the
      jurisdiction of a master because…”
      If a master cannot change the order, complete the phrase “This matter is not within the
      jurisdiction of a master because…” with the words “the order to be varied was a final order
      made by a Supreme Court judge.” Then cross out or delete “This matter is within the
      jurisdiction of a master.”
      If you cannot figure out whether a master can change your order, ask family duty counsel.
      Be sure to bring a copy of the order you want to change, and any court orders made later.


14 “Dated…”
      Insert the date on which you prepared the Notice of Hearing (Form 126).


15 “Applicant (or applicant’s lawyer)”
      Sign the Notice of Hearing (Form 126).

How to apply to change a family order (includes lowering support) if you do not agree   Instructions for forms — Page 3 of 6
Supreme Court, information for applicants — Notice of Hearing
16 “This Notice of Hearing was prepared by…”
      Cross out or delete everything from “This Notice of Hearing was prepared by …” to “OR,”
      leaving only the words “This Notice of Hearing was prepared by the applicant.”




How to apply to change a family order (includes lowering support) if you do not agree   Instructions for forms — Page 4 of 6
Supreme Court, information for applicants — Notice of Hearing
                       SAMPLE                               Form 126 (Rule 51A (3))
        1                                                                                            No. ……………………..

        2                                                                                            ……………….. Registry


                                          IN THE SUPREME COURT OF BRITISH COLUMBIA

        3 BETWEEN:

                                                                                                                        Plaintiff

        3 AND:
                                                                                                                      Defendant



                                                              NOTICE OF HEARING


        4 TO ………………………………………………………………………………

   5 6 TAKE NOTICE that the application of …………………………………… dated……………………… will be
 7 8 9 heard in Chambers at the courthouse at ……………………………… on …..………… at the hour of
             …………………………

      10 The parties have agreed as to the date of the hearing of this application,
                           OR
             The parties have been unable to agree as to the date of the hearing but notice of the hearing will be given to
             respondents in accordance with Rule 51A (8),
                           OR
             This matter is unopposed, by consent or without notice.

      11 It has been agreed by the parties that the hearing will take ………………… minutes,
                           OR
      12 The parties have been unable to agree as to how long the hearing will take and
                   (a) the time estimate of the applicant is ………………… minutes, and
                   (b) the time estimate of the respondent is ………………… minutes.
                           OR
                   (c) the respondent has not given a time estimate.

      13 This matter is within the jurisdiction of a master.
                           OR
             This matter is not within the jurisdiction of a master because ………………………………………………



How to apply to change a family order (includes lowering support) if you do not agree            Instructions for forms — Page 5 of 6
Supreme Court, information for applicants — Notice of Hearing
             …………………………………………………………………………………………………………………
             …………………………………………………………………………………………………………………



 14 15 Dated: ……………………………………..                                           ………………………………………………………
                                                                         Applicant (or applicant’s lawyer)


      16 This Notice of Hearing was prepared by ………………….. of the law firm of …………..........whose place of
             business is …………………………………………………………………………………………………
             …………………………………………………………………………………………………………………
             …………………………………………………………………………………………………………………
                           OR
             This Notice of Hearing was prepared by the applicant.




How to apply to change a family order (includes lowering support) if you do not agree      Instructions for forms — Page 6 of 6
Supreme Court, information for applicants — Notice of Hearing

								
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