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→Witnesses
=== Witnesses ===
Witnesses are generally not allowed to testify about their opinions, although there are exceptions to this general rule. One notable exception: a lay person is allowed to provide an opinion based upon personal observation of something that is commonly known (such as coming to the conclusion that it was raining outside because everyone who came inside was soaking wet). A second notable exception: an expert witness is allowed to provide an opinion based upon their specialized education, training, skills, certification and experience.
The usual rule is that witnesses are to testify in person at trial, although sometimes a judge will allow a witness to provide evidence through an affidavit. A judge can make such an order on an application by the party by Notice of Motion (see Rule 13(3) of the Provincial Court (Family) Rules) or at the trial preparation conference (see Rule 8(4)(g) of the Provincial Court (Family) Rules).
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 (see Rule 10-7(6) of the [http://canlii.ca/t/85pb Provincial Court (Family) Rules]).
For each witness, prepare a list of the issues that you need them to speak about in their testimony. Then make a list of questions to ask and review them with the witness before trial. For each witness, you likely want to start with basic questions such as their full name, address, age and occupation, their education if relevant, and their relationship to the parties, and then move on to the focused areas of inquiry.
You can only ask your witnesses open ended questions, meaning questions that do not suggest the answers. Questions that suggest answers are limited to cross examination of the other party’s party's witnesses.
=== Expert witnesses ===