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Difference between revisions of "Trials and Supreme Court Family Law Proceedings"
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Trials and Supreme Court Family Law Proceedings (view source)
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The usual rule is that witnesses are to testify in person at trial, although there are limited circumstances under which affidavit evidence or deposition evidence (Rule 14-7(40) to (45) of the Supreme Court Family Rules) or pre-trial examination of a witness may be allowed instead (discussed further below). | The usual rule is that witnesses are to testify in person at trial, although there are limited circumstances under which affidavit evidence or deposition evidence (Rule 14-7(40) to (45) of the Supreme Court Family Rules) or pre-trial examination of a witness may be allowed instead (discussed further below). | ||
You will need to contact each witness to ask them to testify. If they won’t agree to testify or you are otherwise uncertain as to whether they will show up, then you will need to issue a subpoena to require them to testify. A | You will need to contact each witness to ask them to testify. If they won’t agree to testify or you are otherwise uncertain as to whether they will show up, then you will need to issue a subpoena to require them to testify. A [[Form F23 Subpoena to Witness]] needs to be served personally on the witness at least 7 days before trial, along with the required witness fees which are set out in Schedule 3 (Fees Payable to Witnesses) of Appendix C to the Supreme Court Family Rules (See Rule 14-7(32) & (34)). | ||
The daily witness fee is currently $20 in addition to the travel costs of the party being examined as follows: | The daily witness fee is currently $20 in addition to the travel costs of the party being examined as follows: | ||
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==== Use of pre-trial examination or deposition ==== | ==== Use of pre-trial examination or deposition ==== | ||
There are limited circumstances under which a witness may be able to testify before trial and have the transcript of their answers used as evidence at trial. See Rule 14-7(40) about the use of ''deposition evidence'' | There are limited circumstances under which a witness may be able to testify before trial and have the transcript of their answers used as evidence at trial. See Rule 14-7(40) about the use of ''deposition evidence''. See Rule 14-7(52) about the use of transcripts of ''pre-trial examinations of witnesses'' which was mentioned in the section on [[Disclosure and Discovery in Supreme Court Family Law Proceedings]]. Even when a transcript is allowed as evidence at a trial, the court can require the witness to attend and testify in person (see Rule 14-7(40)). Using a transcript as evidence at trial may be appropriate in the following circumstances: | ||
# where the transcript evidence can be used to contradict or impeach the testimony of the person at trial, or | # where the transcript evidence can be used to contradict or impeach the testimony of the person at trial, or | ||
# it is necessary in the interests of justice for one of the following reasons: | # it is necessary in the interests of justice for one of the following reasons: | ||
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Preparing to cross-examine a section 211 report writer is similar to preparing to cross-examine an expert. | Preparing to cross-examine a section 211 report writer is similar to preparing to cross-examine an expert. | ||
For more information about section 211 reports, see [[How Do I Get a Needs of the Child Assessment?]] and [[How Do I Get a Views of the Child Report?]] in the '' | For more information about section 211 reports, see [[How Do I Get a Needs of the Child Assessment?]] and [[How Do I Get a Views of the Child Report?]] in the ''Helpful Guides & Common Questions'' part of this resource. | ||
=== Use of physical objects === | === Use of physical objects === | ||
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* When speaking to a witness, use Mr., Ms., or Dr., followed by their surname, rather than the witness' first name (which is too casual). | * When speaking to a witness, use Mr., Ms., or Dr., followed by their surname, rather than the witness' first name (which is too casual). | ||
For more tips on conducting a trial in Supreme Court, see the | For more tips on conducting a trial in Supreme Court, see the Justice Education Society's Family Law website's information pages on "[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court Trials in Supreme Court]", and "[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/tips-your-supreme-court-trial Tips for your Supreme court trial]", in addition to the step-by-step guide "[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/schedule-and-prepare-your-supreme-court Schedule and prepare for your Supreme Court trial]". | ||
=== Costs and disbursements === | === Costs and disbursements === | ||
After a judge has delivered the decision, a party can ask the court to provide a ruling on costs. This is where Rule 16-1 of the Supreme Court Family Rules becomes important, along with [ | After a judge has delivered the decision, a party can ask the court to provide a ruling on costs. This is where Rule 16-1 of the Supreme Court Family Rules becomes important, along with [https://canlii.ca/t/8mcr#Appendix_B___Costs__1266142 Appendix B] with its schedule containing a tariff (with dollar values) for various litigation process steps. There is a distinction between ''costs'' for legal fees and ''disbursements''. Both are dealt with in Rule 16-1. Costs awarded for legal fees are intended as a partial payment of the legal fees of the successful party. You will sometimes hear these referred to as ''taxable costs''. Disbursements are the out-of-pocket expenses such as court filing fees, witness fees, traveling and subsistence expenses, experts' fees, fees for medical/legal reports, and the like. | ||
The usual rule is that the successful party will be awarded their costs and disbursements, but there are many exceptions. | The usual rule is that the successful party will be awarded their costs and disbursements, but there are many exceptions. | ||
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A party can ask the judge for a ruling on costs after the judge has delivered the decision. | A party can ask the judge for a ruling on costs after the judge has delivered the decision. | ||
For more information about costs, see the | For more information about costs, see the information page "[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/costs-and-expenses Costs and expenses]" from the Justice Education Society. | ||
==Resources and links== | ==Resources and links== | ||
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===Legislation=== | ===Legislation=== | ||
* ''[ | * ''[https://canlii.ca/t/84d8 Supreme Court Act]'' | ||
* [ | * [https://canlii.ca/t/8mcr Supreme Court Family Rules] | ||
* ''[ | * ''[https://canlii.ca/t/84h8 Court Rules Act]'' | ||
===Resources=== | ===Resources=== | ||
* [https:// | * [https://www.clicklaw.bc.ca/resources/memorandum-court-self-represented-litigants-trial-procedure-civil-and-family-cases Memorandum from the Court to Self-Represented Litigants: Trial Procedure in Civil and Family Cases], from the BC Supreme Court | ||
* [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court Trials in Supreme Court] information | * [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Canadian Judicial Council (CJC)'s online guides], especially the ''Family Law Handbook'' | ||
* | * [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court Trials in Supreme Court] and [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/schedule-and-prepare-your-supreme-court Going to trial in Supreme Court] information pages from Justice Education Society's Family Law website (previously Legal Aid BC's Family Law website), with sample questions for witnesses | ||
* [https://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling] | |||
===Links=== | ===Links=== | ||
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* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions] | * [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions] | ||
* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | * [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | ||
