Difference between revisions of "Trials and Provincial Court Family Law Proceedings"

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Preparing for and going to trial is the most complex part of the court proceeding.  Both steps require careful planning and organization as well as being mindful of the deadlines set out in the rules of court (the [http://canlii.ca/t/b8rn Provincial Court Family Rules]). Some of these deadlines occur months before the trial date.

There are fewer rules and procedures involved in preparing for trial in Provincial Court than there are in Supreme Court. Again, you should review the BC Provincial Court's own guide on ''[https://perma.cc/UGK2-6B5A Preparing for a Family Court Trial in Provincial Court]'', and Legal Aid BC's Family Law website's information page on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/trials-provincial-court Trials in Provincial Court].

A judge (or family justice manager) is also likely to direct that a ''trial preparation conference'' be scheduled, especially if at least one of the parties is self-represented. The judge may personally schedule the date or direct the judicial case manager to schedule it.   

* ''Hear the Child Reports'' — which provide insight into a child's views and preferences without offering an opinion on the child's needs or the context of their views. These are ''non-evaluative'', meaning they simply describe what a child says during an interview with a professional (e.g. a mental health professional, or a lawyer with special training). This type of report is useful for understanding what the child is expressing in their own words, but it does not provide an opinion about the child's maturity, or whether their words reflect their actual views. Importantly, these reports offer no opinion or assessment about what the child needs, or what is in their best interests.

* ''Section 211 Reports'': which are comprehensive evaluations used when parents disagree about parenting arrangements. These evaluative reports go further than the other types, and provide recommendations on what the child needs, and what parenting arrangement is in the best interests of the child. They are also known as ''needs of the child assessments'' and are prepared by professionals like psychologists, some family justice counsellors, and trained social workers. These reports assess:

**the child's views, if they are old enough to express them,

If the witness then fails to show up at the trial, the judge can issue a warrant for the witness' arrest if the judge is satisfied that the subpoena was served, reasonable traveling expenses were offered, and justice requires the witness' presence.

When a witness is in court because you asked them to testify (whether or not you subpoenaed them), then that person is "your" witness. You get to ask them questions before the other side does, and the process of asking your own witness questions is called ''direct examination''. Direct examination questions must be open-ended, meaning they cannot be ''leading'' questions.  

* Legal Aid BC's Family Law website's information pages on "[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-your-own-witnesses Sample questions to ask your own witnesses at a Supreme Court trial]" and "[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-when-cross-examining Sample questions to ask when cross-examining witnesses at a Supreme Court trial]" (these refer to BC Supreme Court trials, but the principles and tips are applicable to Provincial Court trials too).

*The ''Family Law Handbook'' which you can download from the [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Canadian Judicial Council (CJC)] (specifically the section "13.4 Witnesses")

===Expert witnesses===

For more information about Section 211 reports, see the Helpful Guides & Common Questions part of this resource:

=== Use of physical objects ===

There are a number of final steps to prepare for a family law trial:

# '''Prepare Book of Authorities:'''  This is a bound volume of the law that you intend to rely on at trial and should include copies of any statutes, regulations, and case law (collectively referred to as ''authorities'') you intend to rely on at trial.  Each authority should be placed behind a separate tab and you need to provide an index listing each authority and its corresponding tab for easy reference during the trial.  You will need to make enough copies for the judge, yourself, and every other party (or their lawyer if they have one).   

# '''Prepare an opening statement:'''  This is a statement that is made at the beginning of each party’s case to give the judge some factual background about the case, an overview of the legal issues involved, and the orders that party is asking for.  If the parties have reached agreement on any issues, this should be communicated to the judge during a party’s opening statement.  If there are housekeeping issues (such as an expert witness only being available to testify on a specific date), such issues should be raised at this time as well.  A party’s opening statement should be consistent with a party’s closing argument, meaning that if you ask for a certain parenting schedule in your opening statement, as an example, you should also ask for that in your closing submissions (unless, upon hearing the other party's evidence, you have changed your mind — remember, you and the other party are allowed to settle even partway through a trial).   

#* Visit the courthouse to familiarize yourself with it (unless you know it well already), including checking the hours of operation, the location of the hearing list, the location of washrooms, and the availability of food at or near the courthouse (if you don’t plan to pack a lunch each day of trial).

#* Consider watching a trial, as observation of the real thing is often the best education. Trials are open to the public and are generally in session from 9:30am-12:30pm and from 2:00pm-4:00pm each day. This is likely the best way to understand the rhythm of a trial and get a better sense of how judges conduct trials. If you can watch trials before your trial, you will be much better prepared.  

== Conducting a trial in the Provincial Court ==

#'''Opening statement of the applicant:'''  At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting.

#'''Opening statement of the respondent:''' After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court. Sometimes, a judge will want the applicant to provide their evidence first, but almost always judges want to hear a summary from each side of what the case is about and what orders each side wants the judge to make.

Whereas ''costs'' awards are a common feature in BC Supreme Court litigation, costs are almost never payable in Provincial Court. Rather, each party is simply responsible for their legal fees and any out-of-pocket expenses, regardless of whether they are successful or not.  

==Resources and links==

* ''[http://canlii.ca/t/849w Provincial Court Act]''

===Resources===

* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Family Practice Directions]