CASE MANAGEMENT OF FAMILY MATTERS
Court of Queens Bench (Family Division)
Winnipeg Centre
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What is Case Management?
Case
Management is a court process that allows a judge to monitor and manage
the progress of a court case as it moves through the system. As part of
this process, individuals who are separating and divorcing have an
opportunity to meet with a judge to try and resolve their issues
together.
What are the goals of Case Management?
-
to reduce unnecessary delay in
reaching a final determination of a case
-
to reduce the costs of those
involved in the case
- to
encourage people involved in family law cases to have a direct part in
finding mutually satisfactory solutions
How does Case Management work?
Once a Petition or Notice of
Application is filed to start the legal separation process, the court
starts to monitor the case. If a Notice of Motion is filed to request
immediate temporary resolution of an issue, and a court date is requested, a case
conference with a judge is automatically scheduled. If either party
asks, a case conference is scheduled.
What if nothing happens after
the first document is filed?
The court discourages
unnecessary delay. If nothing has happened in the court process after
200 days, a Notice of Dismissal is issued. The notice indicates that the
case will be dismissed unless one of the parties contacts the court to
schedule a case conference or hearing, or files the necessary court
documents to conclude the case within 30 days of the notice mailing
date. To restart a case after a Dismissal Order has been made, a Notice
of Motion must be filed.
What happens at a Case Conference?
A case conference is the
informal meeting between the parties, their lawyers (if they are
represented) and a judge.
A Case Management Information
Statement must be filed telling the judge what issues have been
resolved, what still needs to be resolved and what attempts have been
made to do so.
All issues may be resolved at a
case conference, or the judge may:
-
ask the parties for more
information
-
refer the parties to mediation
-
refer the parties to a parent
education program
-
schedule another case
conference
The same judge assigned to your
case may continue to work with you until all the issues are resolved or
until it is decided the case must go to court for a contested hearing.
At the hearing, a different judge hears evidence and arguments from both
sides and makes binding decisions. Your case management judge will not
oversee the contested hearing unless all parties agree. Nothing you say
in case conferences can be used against you if you go to a contested
hearing.
Do you need a lawyer? How do
you get one?
It is best for all parties to
get legal advice early in the process to find out what your rights and
obligations are under the law.
To find the name of a lawyer,
look in the Yellow Pages or contact the Community Legal Education
Association for a referral. Phone 204-943-2305. If finances are a
problem, you can also apply for Legal Aid. Phone 985-8550 or outside
Winnipeg call toll-free at 1-800-766-2148.
If you decide not to use a
lawyer, you will need to know the correct court procedures, forms and
deadlines. Court staff can give you information on the case management
process, but cannot tell you what information to put in your documents,
explain your legal rights or predict the outcome of your case. If you do
not use a lawyer, you are responsible for making sure you know and
follow the rules of the court. The Case Management Rules are a part of
the Queen’s Bench Rules.
A copy of the Queen’s Bench
Rules can be found in the Law Library at the University of Manitoba.
Phone 474-9995 or outside Winnipeg call 1-800-432-1960. Or
click on
www.umanitoba.ca. They
can also be purchased from the Government of Manitoba Statutory
Publications. Phone 945-3101 or outside Winnipeg call
1-800-321-1203. Or click on
www.gov.mb.ca/laws
For more information about case
management:
The Law Courts
Main Floor – 408 York Avenue
Winnipeg, Manitoba R3C 0P9
Phone: 204-945-7853
1-800-282-8069 (ext. 7853)
Visit the Manitoba Justice
website at:
www.gov.mb.ca/justice/family/index.html
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