Difference between revisions of "How Do I Schedule a Judicial Case Conference for Hearing?"

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{{JP Boyd on Family Law How Do I TOC|expanded=other}}
 
{{JP Boyd on Family Law How Do I TOC|expanded=other}}
  
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Once a family law proceeding has commenced in the Supreme Court, the parties are usually required to participate in a ''judicial case conference'' (JCC). This informal meeting is facilitated by a judge and is designed to help the parties resolve their claim, either in part or in full, through agreement.
+
Once a family law proceeding has commenced in the Supreme Court, the parties are usually required to participate in a ''judicial case conference'' (JCC). This informal meeting is facilitated by a judge or master and is designed to help the parties resolve their claim, either in part or in full, through agreement.
  
 
==Understanding Judicial Case Conferences==
 
==Understanding Judicial Case Conferences==
 
A JCC is a collaborative process aimed at dispute resolution without the need for formal court intervention. It is conducted in a private setting, off the record, and involves the parties, their lawyers (if they have them), and a judge or master. The goal is to identify issues, explore settlement options, and, if necessary, establish procedural steps towards trial.
 
A JCC is a collaborative process aimed at dispute resolution without the need for formal court intervention. It is conducted in a private setting, off the record, and involves the parties, their lawyers (if they have them), and a judge or master. The goal is to identify issues, explore settlement options, and, if necessary, establish procedural steps towards trial.
 +
 +
===Mandatory JCCs===
 +
Except in urgent or specific circumstances outlined under Rule 7(3), a JCC must occur before any applications can be set. If an urgent matter arises, parties must seek the court's permission to hear an application before a JCC has taken place.
  
 
===Before the JCC===
 
===Before the JCC===
Line 16: Line 19:
  
 
==What Happens at a Judicial Case Conference==
 
==What Happens at a Judicial Case Conference==
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During the JCC, the judge or master will assist the parties in discussing the issues at hand and may:
+
A Judicial Case Conference (JCC) is a collaborative process where the judge or master facilitates discussions between the parties to identify and resolve issues. The focus is on achieving a resolution through consent orders or setting the stage for trial if necessary. The JCC may result in:
−
* Help the parties reach consent orders on agreed matters.
+
 
−
* Set procedural orders to guide the case towards resolution or trial.
+
* Consent orders on matters where the parties agree.
−
* Offer non-binding opinions on the likely outcomes of contested issues.
+
* Procedural orders to organize the case moving forward.
 +
* Non-binding judicial opinions on potential outcomes for contested issues.
 +
 
 +
===Procedural orders===
 +
The judge or master may issue procedural orders for:
 +
 
 +
* Discovery processes, including setting deadlines for completion.
 +
* Filing and service of documents, providing clear directions for both.
 +
* Interim applications, scheduling dates and outlining required steps.
 +
 
 +
===Trial preparation===
 +
In preparation for a possible trial, orders may include:
 +
 
 +
* Trial management, such as witness lists and expert reports.
 +
* Evidence exchange, setting timelines for the submission of evidence and trial briefs.
 +
* Conferences, ordering pre-trial or settlement conferences to attempt resolution.
 +
 
 +
===Substantive orders by consent===
 +
When parties reach an agreement, the judge or master can make substantive orders on:
 +
 
 +
* Parenting arrangements, including guardianship, parenting time, or contact with a child.
 +
* Support orders, detailing child or spousal support arrangements.
 +
* Property and debt division, outlining the agreed division of assets and liabilities.
 +
* Other agreements, formalizing any other substantive matters agreed upon by the parties.
 +
 
 +
===Case Management Plan===
 +
The ''case management plan'' is a structured form used to guide the JCC, kind of like an agenda. It includes:
 +
 
 +
* Issue identification: Clarifying disputed matters such as guardianship, parenting arrangements, support, and property division.
 +
* Resolution discussion: Exploring settlement options, mediation, reports under the Family Law Act, and the possibility of a summary trial.
 +
* Trial management: Reserving trial dates, setting trial management conferences, and discussing pre-trial procedures.
 +
 
 +
This plan is pivotal in ensuring the JCC is directed and effective. Parties new to the JCC should review the [https://perma.cc/84A9-PXTZ Case Management Plan form template] beforehand for a better understanding of the process.
 +
 
 +
Confidentiality is paramount in a JCC, with the understanding that discussions and outcomes are not to be disclosed externally.
  
−
===Mandatory JCCs===
+
==After the JCC==
−
Except in urgent or specific circumstances outlined under Rule 7(3), a JCC must occur before any applications can be set. If an urgent matter arises, parties must seek the court's permission to hear an application before a JCC has taken place.
+
If the parties reach an agreement on some or all issues, the judge or master may make a consent order. If no agreement is reached, the judge or master will set out the next steps to move the case forward, which may include further JCCs, mediation, or preparation for trial.
  
 
==Strategic Use of JCCs==
 
==Strategic Use of JCCs==
Line 28: Line 65:
  
 
==More Information==
 
==More Information==
−
For a comprehensive understanding of JCCs, refer to Rule 7-1 of the [http://canlii.ca/t/5203n Supreme Court Family Rules] and the following resources:
+
For a comprehensive understanding of JCCs, refer to Rule 7-1 of the [https://canlii.ca/t/8mcr Supreme Court Family Rules] and the following resources:
 
* [https://bit.ly/BCSC-JCC BC Supreme Court's Litigants' Guide to Judicial Case Conferences]
 
* [https://bit.ly/BCSC-JCC BC Supreme Court's Litigants' Guide to Judicial Case Conferences]
 
* [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/jcc-supreme-court Legal Aid BC's Family Law website's information page on JCCs in Supreme Court]
 
* [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/jcc-supreme-court Legal Aid BC's Family Law website's information page on JCCs in Supreme Court]

Latest revision as of 23:37, 7 November 2023

JP Boyd on Family Law
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This page is
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JP Boyd on Family Law.
See the full contents
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Getting Started
Introduction · Family Law in BC
Definitions · Legislation
Divorce Act Basics · Family Law Act Basics
Chapters
Helpful Guides & Common Questions
Other Litigation Issues
 · Schedule Family Management Conference?

 · Schedule a Judicial Case Conference?

 · Get a Needs of the Child Assessment?

 · Get a Report about a Child's Views?

 · Find a Court Document?

 · Fix an Error in an Order?

 · Say That I'm Representing Myself?

 · Change My Address for Service?
Court Forms & Documents
Supreme Court: Forms & Examples
Provincial Court: Forms & Examples
Other Family Law Forms & Documents
v • d • e

Once a family law proceeding has commenced in the Supreme Court, the parties are usually required to participate in a judicial case conference (JCC). This informal meeting is facilitated by a judge or master and is designed to help the parties resolve their claim, either in part or in full, through agreement.

Understanding Judicial Case Conferences[edit]

A JCC is a collaborative process aimed at dispute resolution without the need for formal court intervention. It is conducted in a private setting, off the record, and involves the parties, their lawyers (if they have them), and a judge or master. The goal is to identify issues, explore settlement options, and, if necessary, establish procedural steps towards trial.

Mandatory JCCs[edit]

Except in urgent or specific circumstances outlined under Rule 7(3), a JCC must occur before any applications can be set. If an urgent matter arises, parties must seek the court's permission to hear an application before a JCC has taken place.

Before the JCC[edit]

Prior to the JCC, parties are expected to exchange financial statements as per Rules 7-1(8) to (11). This preparation is crucial for the productive discussion of issues and potential resolutions.

Initiating a JCC[edit]

To initiate a JCC, parties must:

  • File a Notice of Judicial Case Conference using Form F19.
  • Pay the applicable filing fee (currently $80).
  • Serve the notice at least 30 days before the JCC date.

What Happens at a Judicial Case Conference[edit]

A Judicial Case Conference (JCC) is a collaborative process where the judge or master facilitates discussions between the parties to identify and resolve issues. The focus is on achieving a resolution through consent orders or setting the stage for trial if necessary. The JCC may result in:

  • Consent orders on matters where the parties agree.
  • Procedural orders to organize the case moving forward.
  • Non-binding judicial opinions on potential outcomes for contested issues.

Procedural orders[edit]

The judge or master may issue procedural orders for:

  • Discovery processes, including setting deadlines for completion.
  • Filing and service of documents, providing clear directions for both.
  • Interim applications, scheduling dates and outlining required steps.

Trial preparation[edit]

In preparation for a possible trial, orders may include:

  • Trial management, such as witness lists and expert reports.
  • Evidence exchange, setting timelines for the submission of evidence and trial briefs.
  • Conferences, ordering pre-trial or settlement conferences to attempt resolution.

Substantive orders by consent[edit]

When parties reach an agreement, the judge or master can make substantive orders on:

  • Parenting arrangements, including guardianship, parenting time, or contact with a child.
  • Support orders, detailing child or spousal support arrangements.
  • Property and debt division, outlining the agreed division of assets and liabilities.
  • Other agreements, formalizing any other substantive matters agreed upon by the parties.

Case Management Plan[edit]

The case management plan is a structured form used to guide the JCC, kind of like an agenda. It includes:

  • Issue identification: Clarifying disputed matters such as guardianship, parenting arrangements, support, and property division.
  • Resolution discussion: Exploring settlement options, mediation, reports under the Family Law Act, and the possibility of a summary trial.
  • Trial management: Reserving trial dates, setting trial management conferences, and discussing pre-trial procedures.

This plan is pivotal in ensuring the JCC is directed and effective. Parties new to the JCC should review the Case Management Plan form template beforehand for a better understanding of the process.

Confidentiality is paramount in a JCC, with the understanding that discussions and outcomes are not to be disclosed externally.

After the JCC[edit]

If the parties reach an agreement on some or all issues, the judge or master may make a consent order. If no agreement is reached, the judge or master will set out the next steps to move the case forward, which may include further JCCs, mediation, or preparation for trial.

Strategic Use of JCCs[edit]

JCCs can be a strategic tool in the litigation process. They offer a chance for settlement and can significantly reduce the time and cost associated with going to trial. Additional JCCs can be scheduled if needed, and in some cases, it may be possible to finalize a divorce during the JCC if the appropriate documentation is filed in advance.

More Information[edit]

For a comprehensive understanding of JCCs, refer to Rule 7-1 of the Supreme Court Family Rules and the following resources:

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Maryam Sodagar, September 19, 2023.


v • d • e
 
Marriage, Separation & Divorce
Avoiding an Obligation
Alternatives to Court
Agreements
Starting an Action
Defending an Action
Interim Applications
Affidavits
Courtroom Protocol
Appealing a Decision
Other Litigation Issues
Miscellaneous
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Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

Since January 2024, these provincially-appointed judicial officials of the BC Supreme Court are now called associate judges. They serve a similar role as justices of the BC Supreme Court, but have limited jurisdiction. Associate judges are usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge" and "jurisdiction."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent."

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

You probably seeing this word used in terms like substantive law, substantive issues, or substantive orders, and it is used to identify aspects of these things (be they laws, legal issues, or court orders) that deal with the legal rights and duties of the parties involved in a case. Substantive law defines and regulates the rights and obligations of individuals, as opposed to procedural law, which outlines the methods and means by which substantive law is made and administered. In family law, substantive issues often involve matters such as guardianship and parenting arrangements relating to children, support, and the division of property. A substantive order from a judge will be a decision about a substantive issue, versus a procedural order which will be about how steps in the litigation should.

Under the Family Law Act, a term which describes the time a guardian has with a child and during which is responsible for the day-to-day care of the child. Under the Divorce Act, a term which describes the time a spouse has with a child and during which is responsible for the day-to-day care of the child. See "guardian" and "spouse."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

A term under the Family Law Act which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time."

Something which can be owned. See "chattels" and "real property."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

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