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Difference between revisions of "Overview of Case Conferences and Discovery in Family Law Matters"
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Overview of Case Conferences and Discovery in Family Law Matters (view source)
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#'''Attend a Case Conference.''' In Supreme Court, parties must attend a Judicial Case Conference (often referred to as a JCC) and is required to take place before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to talk about areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail further on in this section. In Provincial Court, parties are not required to attend a Family Case Conference (often referred to as an FCC), although judges may order the parties to attend one if guardianship, parenting arrangements or contact with a child are contested. In practice, many judges will order the parties to attend a Family Case Conference if the parties ask to attend one. FCCs are discussed in more detail further in this section. | #'''Attend a Case Conference.''' In Supreme Court, parties must attend a Judicial Case Conference (often referred to as a JCC) and is required to take place before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to talk about areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail further on in this section. In Provincial Court, parties are not required to attend a Family Case Conference (often referred to as an FCC), although judges may order the parties to attend one if guardianship, parenting arrangements or contact with a child are contested. In practice, many judges will order the parties to attend a Family Case Conference if the parties ask to attend one. FCCs are discussed in more detail further in this section. | ||
#'''Make interim applications as needed.''' In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them until the claims at issue in the court proceeding are finally determined by settlement or trial. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, the payment of child support and spousal support, protection orders and orders for document production. This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]]. | #'''Make interim applications as needed.''' In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them until the claims at issue in the court proceeding are finally determined by settlement or trial. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, the payment of child support and spousal support, protection orders and orders for document production. This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]]. | ||
#'''Disclose documents and information.''' In the Supreme Court, the rules of court require each party to produce to the other all documents that are relevant to the issues in a court proceeding. Each party must list these documents in a formal List of Documents, and update their List of Documents when new documents are found or become available. Lists of Documents in Supreme Court are discussed in more detail later in this chapter (see [[Discovery Process in Family | #'''Disclose documents and information.''' In the Supreme Court, the rules of court require each party to produce to the other all documents that are relevant to the issues in a court proceeding. Each party must list these documents in a formal List of Documents, and update their List of Documents when new documents are found or become available. Lists of Documents in Supreme Court are discussed in more detail later in this chapter (see [[Discovery Process in a Family Law Matter]]). The Provincial Court Rules do not have comparable requirements, but each party can ask the other to produce financial and other information that is relevant to the matters at issue in the court proceeding. Relevant documents can include things like bank statements, credit card statements, property tax assessments, mortgage documents, report cards, medical records, school reports, and income tax returns. If you think that there are documents necessary to prove your case that the other party is not producing willingly, then you may need to make an interim application to the court (as discussed at point 3 above). | ||
#'''Questioning the other party out of court.''' In Supreme Court the parties may, if they wish, question each other outside of court, in a formal setting before a court reporter. This is called an ''examination for discovery''. Examinations for discovery, also called ''discoveries'', are helpful to get each person's views of the evidence and the issues on the record. Discoveries are almost always held after Financial Statements have been prepared and documents have been exchanged. There is no similar procedure in Provincial Court. | #'''Questioning the other party out of court.''' In Supreme Court the parties may, if they wish, question each other outside of court, in a formal setting before a court reporter. This is called an ''examination for discovery''. Examinations for discovery, also called ''discoveries'', are helpful to get each person's views of the evidence and the issues on the record. Discoveries are almost always held after Financial Statements have been prepared and documents have been exchanged. There is no similar procedure in Provincial Court. | ||
#'''Other discovery processes available in Supreme Court.''' There are more extensive discovery processes in the Supreme Court than in Provincial Court, which processes include notices to admit (Rule 9-6), interrogatories (Rule 9-3), and pre-trial examination of witnesses (Rule 9-4). | #'''Other discovery processes available in Supreme Court.''' There are more extensive discovery processes in the Supreme Court than in Provincial Court, which processes include notices to admit (Rule 9-6), interrogatories (Rule 9-3), and pre-trial examination of witnesses (Rule 9-4). | ||
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This description of the steps involved is just a rough sketch of the lengthy process of bringing a court proceeding to a conclusion. Not every proceeding will need to use all of these steps (some people may not need to have examinations for discovery and others won't see the point of holding a settlement conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process (which includes complicated rules of evidence) is much, much more complex than this brief description. | This description of the steps involved is just a rough sketch of the lengthy process of bringing a court proceeding to a conclusion. Not every proceeding will need to use all of these steps (some people may not need to have examinations for discovery and others won't see the point of holding a settlement conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process (which includes complicated rules of evidence) is much, much more complex than this brief description. | ||
For more information about Case Conferences, see [[Case Conferences in a Family Law Matter]]. For more information about Discovery, see [[Discovery Process in Family | For more information about Case Conferences, see [[Case Conferences in a Family Law Matter]]. For more information about Discovery, see [[Discovery Process in a Family Law Matter]]. | ||