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Difference between revisions of "Family Law Trials in Provincial Court"
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**the witnesses (names and contact information) you intend to call at trial, and a time estimate for each witness’ testimony. | **the witnesses (names and contact information) you intend to call at trial, and a time estimate for each witness’ testimony. | ||
At the TPC, a judge can do any of the things mentioned in Rule 112, including giving directions about time and date, procedure, evidence, how views of a child will be heard, expert witnesses, exchange and inspection of documents, or any other direction that would expedite the trial. If you want to request that one is held, you can apply for one using the Form 10 Application About a Case Management Order. Again, see the [[Interim Applications and Provincial Court Family Law Proceedings]] section of this chapter. | At the TPC, a judge can do any of the things mentioned in Rule 112 of the Provincial Court Family Ruules, including giving directions about time and date, procedure, evidence, how views of a child will be heard, expert witnesses, exchange and inspection of documents, or any other direction that would expedite the trial. If you want to request that one is held, you can apply for one using the Form 10 Application About a Case Management Order. Again, see the [[Interim Applications and Provincial Court Family Law Proceedings]] section of this chapter for how to request a case management order. | ||
If you are attending a TPC, you ''must'' fill out, file and serve on the other party a Form 22 Trial Readiness Statement at least 7 days before the TPC. | If you are attending a TPC, you ''must'' fill out, file and serve on the other party a Form 22 Trial Readiness Statement at least 7 days before the TPC. | ||
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A good starting point is to prepare a framework for the eventual argument that you will be making at trial and keep updating it until you get to trial. To do that: | A good starting point is to prepare a framework for the eventual argument that you will be making at trial and keep updating it until you get to trial. To do that: | ||
*'''List of claims:''' Start by making a list of all of the claims that each of the parties are making in the court proceeding. The applicant’s claims are listed in the | *'''List of claims:''' Start by making a list of all of the claims that each of the parties are making in the court proceeding. The applicant’s claims are listed in the Application About a Family Law Matter and the respondent’s claims are listed in their Reply. Additionally, if any of the parties has told you that they want to ask for something different (for example, a different parenting schedule), you need to consider that too. If you or the other party want to add a whole new issue to the trial (such as spousal support), you’ll need to discuss that with a judge because the other party needs advance notice and the judge needs to consider the time allotted for the trial. Consider the specifics of each order you want the court to make in relation to each claim (and make notes where appropriate). | ||
*'''Know the law:''' Then review the law to figure out what factors the judge will be considering when making their decision, and figure out what you need to prove at trial in order for the judge to consider making (and hopefully make) the orders you are requesting. Note those factors in your outline so that you remember to address them in the evidence you lead at trial and your eventual argument to the judge. | *'''Know the law:''' Then review the law to figure out what factors the judge will be considering when making their decision, and figure out what you need to prove at trial in order for the judge to consider making (and hopefully make) the orders you are requesting. Note those factors in your outline so that you remember to address them in the evidence you lead at trial and your eventual argument to the judge. | ||
*'''Consider the evidence:''' Then review the evidence you have to prove your case to make sure that you are including all the information the judge needs to know to be persuaded to make the orders you are requesting. You must also consider the form of the evidence and how you will present it to the judge (i.e. will you be presenting a document? getting a witness to testify?). | *'''Consider the evidence:''' Then review the evidence you have to prove your case to make sure that you are including all the information the judge needs to know to be persuaded to make the orders you are requesting. You must also consider the form of the evidence and how you will present it to the judge (i.e. will you be presenting a document? getting a witness to testify?). | ||
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** a list of all the dates by which you must take specific steps in the court proceeding, | ** a list of all the dates by which you must take specific steps in the court proceeding, | ||
* your outline, | * your outline, | ||
* a list of all the witnesses you intend to call to testify at trial | * a list of all the witnesses you intend to call to testify at trial along with their address and phone number — and you should later add a point form summary of the evidence you expect to receive from them as well as the date of trial you expect each to testify, | ||
* a page to list the documents you intend to rely upon at trial; this list will become the index to your book of documents (which step is discussed more below), and | * a page to list the documents you intend to rely upon at trial; this list will become the index to your book of documents (which step is discussed more below), and | ||
* a section to include all court documents in date order (i.e.: the application to obtain an order, response, etc.) | * a section to include all court documents in date order (i.e.: the application to obtain an order, response, etc.) | ||