How Do I Schedule a Judicial Case Conference for Hearing?

From Clicklaw Wikibooks


A judicial case conference (JCC) is a special type of hearingIn law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision" and "evidence." in the Supreme CourtNormally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to 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.", involving the parties, their lawyers and a judgeA person appointed by the federal or provincial governments 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, and are subject to appeal. or masterA provincially-appointed judicial official with limited jurisdiction usually charged with making decisions before and after final judgment in a court proceeding, including the hearing of interim applications, the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge," and "jurisdiction.", that is intended to explore the issues in a court proceedingA legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit" or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order. in the hope of finding a way to settle all or part of the proceedingIn law, 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 a specific hearing or trial. See "action.". 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.

JCCs are governed by Rule 7-1 of the 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).

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 settlementA resolution of one or more matters at issue 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 trial. See "action," "consent order," "family law agreements" and "offer." is reached the judge will make a consent orderAn order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make. on the spot, at the end of the hearing.

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 registrarAn officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."'s certificate a couple of days before the JCC you may be able to get divorced at the JCC too.

Unlike family case conferences in the Provincial CourtA 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. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the ''Divorce Act''. See "judge" and "jurisdiction.", 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.

JCCs are scheduled through the trialThe testing of the claims at issue 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 determination of the parties' claims against one another that is final and binding the parties unless appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction." coordinator, who will 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 will supply. You must send a copy of the filed Requisition to the other side.

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.


Creativecommonssmall.png JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
Personal tools
Namespaces

Variants
Actions
Site
Tools
Contributors
Print/export