How to prepare motion materials

What is it for?

A motion asks the court for an order while a family case is underway, often a temporary order. The route depends on the relief, whether a case conference has addressed the issues, and whether the request is urgent.

What it can and cannot do

Form 14B is a different written route for a procedural, uncomplicated, or unopposed matter; it is not a shortcut for a contested motion requiring evidence and oral argument. An urgent or without-notice motion has its own Rule 14 route.

Emergency or urgent motion

If a matter cannot wait for the usual conference and motion schedule, Rule 14(4.2) permits the court to hear a substantive motion before a case conference where it finds urgency, hardship, or another interest-of-justice reason. In Ottawa, the East Region direction provides a short procedural motion route for a determination of urgency or hardship and permission to bring the substantive motion early. Contact the Ottawa scheduling office and follow its current directions for a date and filing route. Explain the specific harm from waiting and the order needed now.

Urgent does not automatically mean without notice. Rule 14(12) strictly limits a motion without notice to the other party. If an order is made without notice, the rule generally requires a return to court within 14 days or on the date the court sets. Follow the service, disclosure and confirmation directions given for the event. Check the East Region direction ↗

Temporary motion in an ongoing case

Use the Rule 14 motion process when you need a temporary order while an Application and Answer remain active. State the exact interim order requested, why it is needed before trial, and the evidence supporting it. The ordinary route includes a conference on the substantive issues first, unless the court finds an exception under Rule 14(4.2). Prepare Form 14 and Form 14A, arrange a date through Ottawa’s current scheduling route, serve and file on the motion timetable, then confirm the motion with Form 14C. The rest of this guide explains those documents and deadlines.

A temporary order does not become a final order merely because time has passed. Rule 15 is the distinct process to change an eligible final order or filed agreement.

Forms to use and what to put in them

Form 14 Notice of Motion identifies each order sought and the proposed hearing date; say precisely what decision you want. Form 14A Affidavit gives numbered facts within your knowledge and identifies relevant exhibits. A respondent’s Form 14A addresses the requested order and evidence, rather than merely saying “I disagree.” Use Form 6B to prove service. A separate factum explains the law and argument when required; it is not another affidavit. Form 14C tells the court whether the motion is proceeding, what remains disputed, the time needed, and exactly which filed materials to read.

How to prepare

Identify the exact order you want and whether a case conference has already dealt with the substantive issues. Rule 14 restricts motions before that conference, with exceptions and a process for seeking permission. For a regular motion, confer or make best efforts to confer with every other party about the disputed issues, subject to Rule 14’s exceptions. Check the scheduling route and time estimate before preparing the final package.

Ottawa’s local notice routes ordinary requests to schedule a family motion through the Family Court Counter at ottawafamilycourt@ontario.ca. A request for leave to bring an urgent motion follows Ottawa’s procedural-motion process. The court may give a case-specific timetable.

What goes where?

1. Form 14 identifies the order requested.The notice of motion tells the other party and the court what you ask for. Follow Rule 14 for the applicable forms, service, filing, and notice periods.
2. Form 14A sets out your factual evidence.Use the affidavit narrative to explain the relevant facts in numbered paragraphs and attach only necessary exhibits. Do not fill the exhibit allowance with long message threads; use relevant excerpts.
3. The factum explains the law and your argument.If required, it is served and filed separately. In the East Region the moving party’s factum is due at least four business days before the motion, and the responding party’s at least two business days before, unless the court directs otherwise.
4. Confirm the hearing.Form 14C generally goes to the court by 2 p.m. three business days before the motion. It should identify the specific issues and material for the judge. Urgent motions without notice have a different confirmation rule.

From preparation to the court date

1. Check if the motion can proceed.Rule 14(4) generally requires a conference dealing with the substantive issues before a motion is served or heard, subject to Rule 14’s exceptions and court permission. Confer or make best efforts to confer about disputed issues unless an exception applies.
2. Get the Ottawa date and route.Canvass availability and ask the family court counter about the ordinary motion date and time estimate; use Ottawa’s separate urgent-motion procedure when applicable. A court order may set a different timetable.
3. Serve, then file and prove service.Serve the Form 14/14A package on all other parties by the applicable Rule 6 method, then file accepted materials and Form 6B through the permitted filing channel. The respondent serves and files their evidence and proof by the response deadline. A permitted reply is limited to the response.
4. Prepare argument and confirm.Serve and file a factum on the East Region schedule if required. Give other parties Form 14C, then deliver confirmation by 2 p.m. three business days before the motion, identifying issues, time, and materials. Ottawa lists confirmation forms for email to the family court counter.
5. Attend and read the order.Bring a concise list of orders sought, record tab references, and the accepted package. Read the endorsement afterward for any service, disclosure, or next-event deadline.

Rule at this step: Rule 14 governs motion procedure and the conference-first restriction. Rule 6 controls effective service; Rule 9 says to identify existing record documents by tab. The provincial and East Region directions set limits and factum practice.

Timeline for serving and filing

1. First: ask for a date and check the route.For an ordinary Ottawa motion, canvass availability and request scheduling through the family court counter. Check Rule 14’s conference requirement and any order before serving.
2. At least 6 days before the hearing.For a Form 14 motion, serve Form 14 and supporting Form 14A evidence on every other party. File the materials as soon as possible after service and include Form 6B proof of service as required by Rule 14(11).
3. At least 4 days before the hearing.A party responding to Form 14 serves and files the response under Rule 14(11.3), with proof of service. A Form 14B written motion has a different response period: within 7 days after it is served under Rule 14(11.4).
4. By 2 p.m. 3 days before the hearing.For a Form 14 motion, a reply to the response may be served and filed by this point under Rule 14(11.5). Form 14C confirmation is also due by 2 p.m. three business days before the hearing under the provincial Superior Court direction; give a copy to the other parties and follow Ottawa’s confirmation channel.
5. Factum, when required.In the East Region, serve and file the moving party’s factum at least 4 business days before, and the responding party’s at least 2 business days before, unless the court directs otherwise.

Rule 3 excludes closed-court days when a period is shorter than seven days. The rules, practice directions, and a court order may use different wording; calculate each deadline separately. Urgent and without-notice motions follow different steps. Check the current Family Law Rules ↗

Hot points to remember

• Longer hearing does not mean unlimited evidence: The 20-page figure is the affidavit narrative limit for a long motion. The factum has its own limit.
• Check the permitted attachments: Relevant excerpts from OCL or Voice of the Child reports, educational-needs documents, and other specified categories may be outside the exhibit page count. Read the provincial direction’s exact list.
• Filing and Case Center are different: Keep the court’s acceptance confirmation. In the East Region, court staff upload accepted filings for self-represented people before trial.

Where are the page and evidence limits?

These limits come from the provincial family practice direction, paragraphs 49–54 ↗, and the East Region direction, paragraph 69 ↗. They are not a single limit for the whole motion package.

If you rely on an affidavit already filed, its narrative counts toward the affidavit page limit. Where required, a third-party or reply affidavit has a separate five-page limit. The provincial direction says motion documents use at least 12-point font and double spacing. Check the specific exemptions and any order granting leave before adding material.

About this page

General Ontario legal information for Superior Court family motions, with an Ottawa focus. Motions can have different timing and routes, especially urgent or without-notice requests. Read Rule 14, the current directions, and any order in your case. This page is not legal advice.