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

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A judicial case conference (JCC) is a special type of hearing in the Supreme Court, involving the parties, their lawyers, and a judge or master, that is intended to explore the issues in a court proceeding in the hope of finding a way to settle all or part of the proceeding. JCCs are private and held off the record, and while a recording is made of the proceedings, you'll need the judge's permission to listen to the recording at a later date.
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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.
  
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JCCs are governed by Rule 7-1 of the [http://canlii.ca/t/5203n Supreme Court Family Rules]. You should read this rule before your JCC, especially the list of the court's powers that appears at Rule 7-1(15).
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==Understanding Judicial Case Conferences==
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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.
  
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JCCs can be very helpful, especially if the judge or master is prepared to be pushy with the parties and their lawyers. It is fairly common for proceedings to settle at JCCs. Where a settlement is reached, the judge <span class="noglossary">will</span> make a consent order on the spot, at the end of the hearing.  
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===Before the JCC===
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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.
  
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If you are married and it seems likely that you'll be able to get the court proceeding wrapped up at the JCC, if you file a court form called a registrar's certificate a couple of days before the JCC, you may be able to get divorced at the JCC too.
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===Initiating a JCC===
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To initiate a JCC, parties must:
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* File a Notice of Judicial Case Conference using Form F19.
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* Pay the applicable filing fee (currently $80).
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* Serve the notice at least 30 days before the JCC date.
  
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Unlike family case conferences in the Provincial Court, JCCs are mandatory whenever a family law court proceeding has started. Except for a few limited circumstances, a JCC must be heard before the first application is heard. However, you are not limited to this first JCC. You can schedule additional JCCs as you like, within reason.
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==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:
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* Help the parties reach consent orders on agreed matters.
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* Set procedural orders to guide the case towards resolution or trial.
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* Offer non-binding opinions on the likely outcomes of contested issues.
  
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JCCs are scheduled through the trial coordinator, who <span class="noglossary">will</span> give you a list of dates to choose from. When you have a date that works for everyone, the date is reserved using a special Requisition form that the trial coordinator <span class="noglossary">will</span> supply. You must send a copy of the filed Requisition to the other side.
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===Mandatory JCCs===
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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.
  
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There is more information about judicial case conferences in the chapter, [[Resolving Family Law Problems in Court]] within the section [[Case Conferences in a Family Law Matter]].
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==Strategic Use of JCCs==
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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.
  
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==More Information==
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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:
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* [https://bit.ly/BCSC-JCC BC Supreme Court's Litigants' Guide to Judicial Case Conferences]
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* [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]
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* [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/jcc-supreme-court/request-jcc Legal Aid BC's guide for requesting a JCC]
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* [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Justice Education Society's information page on JCCs]
  
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{{REVIEWED | reviewer = [[Megan Ellis|Megan Ellis, QC]], June 9, 2019}}
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{{REVIEWED | reviewer = [[Maryam Sodagar]], September 19, 2023}}
  
 
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Revision as of 22:54, 7 November 2023

JP Boyd on Family Law
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This page is
from the Clicklaw Wikibook
JP Boyd on Family Law.
See the full contents
and the list of contributors.
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 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.

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]

During the JCC, the judge or master will assist the parties in discussing the issues at hand and may:

  • Help the parties reach consent orders on agreed matters.
  • Set procedural orders to guide the case towards resolution or trial.
  • Offer non-binding opinions on the likely outcomes of contested issues.

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.

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.

(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.

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."

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."

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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