Family Law Trials in Provincial Court - Revision history

Nate Russell: Redirected page to Trials and Provincial Court Family Law Proceedings

2025-04-02T19:29:26Z

Redirected page to Trials and Provincial Court Family Law Proceedings

Nate Russell at 23:07, 26 June 2024

2024-06-26T23:07:54Z

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	{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge		{{DEMOWARNING}}{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]		\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}		}}

Nate Russell at 19:41, 28 July 2022

2022-07-28T19:41:36Z

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	In addition to the information in this section, you should consult:		In addition to the information in this section, you should consult:
	* The BC Provincial Court's own guide on ''[https://perma.cc/UGK2-6B5A Preparing for a Family Court Trial in Provincial Court]'' which was updated in May 2021 to reflect the many changes to the Provincial Court Family Rules, and		* The BC Provincial Court's own guide on ''[https://perma.cc/UGK2-6B5A Preparing for a Family Court Trial in Provincial Court]'' which was updated in May 2021 to reflect the many changes to the Provincial Court Family Rules, and
	* Legal Aid BC's Family Law website's information page on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/trials-provincial-court Trials in Provincial Court] which features tips for what to expect, what you need to prepare, how to find cases that support your position, and more information about the newer ''Informal ~~trials~~'' ~~pilot project~~ in the Kamloops registry.		* Legal Aid BC's Family Law website's information page on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/trials-provincial-court Trials in Provincial Court] which features tips for what to expect, what you need to prepare, how to find cases that support your position, and more information about the newer ''Informal Trials Pilot Project'' in the Kamloops registry.

	Please note that the information in this section ''does not'' apply to family law cases in the Victoria or Surrey registries of the Provincial Court. Those cases are managed under the Early Resolution Model, which is governed by special rules. For more information about the Early Resolution Model, read the resources published by the [https://www.clicklaw.bc.ca/resource/4844 BC Government].		Please note that the information in this section ''does not'' apply to family law cases in the Victoria or Surrey registries of the Provincial Court. Those cases are managed under the Early Resolution Model, which is governed by special rules. For more information about the Early Resolution Model, read the resources published by the [https://www.clicklaw.bc.ca/resource/4844 BC Government].

Nate Russell at 19:40, 28 July 2022

2022-07-28T19:40:35Z

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	The new [https://canlii.ca/t/b8rn Provincial Court Family Rules] rely on ''family management conferences'' and ''settlement conferences'' to try to get parties to settle their issues without going to trial. See the section on [[Case Conferences in a Family Law Matter]] in this chapter. If you are unable to settle your case to your satisfaction, however, you will need to prepare for trial.		The new [https://canlii.ca/t/b8rn Provincial Court Family Rules] rely on ''family management conferences'' and ''settlement conferences'' to try to get parties to settle their issues without going to trial. See the section on [[Case Conferences in a Family Law Matter]] in this chapter. If you are unable to settle your case to your satisfaction, however, you will need to prepare for trial.

	Preparing for and going to trial is the most complex part of the court proceeding. Both steps require careful planning and organization as well as being mindful of the deadlines set out in the rules of court (the [http://canlii.ca/t/b8rn Provincial Court Family Rules]). Some of these deadlines occur ~~a full month~~ before the trial date.		Preparing for and going to trial is the most complex part of the court proceeding. Both steps require careful planning and organization as well as being mindful of the deadlines set out in the rules of court (the [http://canlii.ca/t/b8rn Provincial Court Family Rules]). Some of these deadlines occur months before the trial date.

	In addition to the information in this section, you should consult:		In addition to the information in this section, you should consult:

Nate Russell: From staging July 2022

2022-07-28T19:31:34Z

From staging July 2022

Show changes

Nate Russell: Nate Russell moved page Preparing for and Going to Trial in Provincial Court to Family Law Trials in Provincial Court: new title for edition 2020

2022-07-28T19:30:19Z

Nate Russell moved page Preparing for and Going to Trial in Provincial Court to Family Law Trials in Provincial Court: new title for edition 2020

← Older revision	Revision as of 19:30, 28 July 2022
(No difference)

Nate Russell at 17:24, 18 October 2021

2021-10-18T17:24:40Z

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	The rules used by the Provincial Court ~~are changing~~. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.		The rules used by the Provincial Court changed in May 2021. Read [[Recent Changes to Family Law in British Columbia]]. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	== Preparing for trial in the Provincial Court ==		== Preparing for trial in the Provincial Court ==

Jpboyd at 20:16, 6 March 2021

2021-03-06T20:16:19Z

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	There are also many rules about what evidence is allowed and how evidence is to be presented in court. Although the law of evidence is beyond the scope of this chapter, a good summary is found in [http://www.supremecourtbc.ca/sites/default/files/web/Proving-Your-Case-In-Supreme-Court.pdf Proving Your Case in Supreme Court] (although do be aware that the references to rules are the Supreme Court Civil Rules rather than the Provincial Court (Family) Rules).		There are also many rules about what evidence is allowed and how evidence is to be presented in court. Although the law of evidence is beyond the scope of this chapter, a good summary is found in [http://www.supremecourtbc.ca/sites/default/files/web/Proving-Your-Case-In-Supreme-Court.pdf Proving Your Case in Supreme Court] (although do be aware that the references to rules are the Supreme Court Civil Rules rather than the Provincial Court (Family) Rules).

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			The rules used by the Provincial Court are changing. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	== Preparing for trial in the Provincial Court ==		== Preparing for trial in the Provincial Court ==

Nate Russell: /* Resources */

2019-07-18T17:49:49Z

Resources

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	* [http://www.provincialcourt.bc.ca/types-of-cases/family-matters/chief-judge-practice-directions Provincial Court Family Practice Directions]		* [http://www.provincialcourt.bc.ca/types-of-cases/family-matters/chief-judge-practice-directions Provincial Court Family Practice Directions]
	*[https://www.clicklaw.bc.ca/resource/4039 Preparing for a Family Court Trial in Provincial Court]		* ''[https://www.clicklaw.bc.ca/resource/4039 Preparing for a Family Court Trial in Provincial Court]''

	===Links===		===Links===

Nate Russell: /* Final steps to prepare for a family law trial */

2019-07-18T17:49:09Z

Final steps to prepare for a family law trial

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	# '''Prepare an opening statement:''' This is a statement that is made at the beginning of each party’s case to give the judge some factual background about the case, an overview of the legal issues involved, and the orders that party is asking for. If the parties have reached agreement on any issues, this should be communicated to the judge during a party’s opening statement. If there are housekeeping issues (such as an expert witness only being available to testify on a specific date), such issues should be raised at this time as well. A party’s opening statement should be consistent with a party’s closing argument.		# '''Prepare an opening statement:''' This is a statement that is made at the beginning of each party’s case to give the judge some factual background about the case, an overview of the legal issues involved, and the orders that party is asking for. If the parties have reached agreement on any issues, this should be communicated to the judge during a party’s opening statement. If there are housekeeping issues (such as an expert witness only being available to testify on a specific date), such issues should be raised at this time as well. A party’s opening statement should be consistent with a party’s closing argument.
	# '''Update outline for closing submissions:''' Each party’s closing submissions should include a summary of the law on each issue, a description of each order sought by the party making the submissions, and a summary of the evidence that supports each order sought. If a party has made an extensive outline during their earlier trial preparation (as suggested above), this step is simplified. A party’s closing argument should be consistent with the party’s opening statement.		# '''Update outline for closing submissions:''' Each party’s closing submissions should include a summary of the law on each issue, a description of each order sought by the party making the submissions, and a summary of the evidence that supports each order sought. If a party has made an extensive outline during their earlier trial preparation (as suggested above), this step is simplified. A party’s closing argument should be consistent with the party’s opening statement.
	# '''Finalize preparation of direct examinations & cross-examinations of witnesses.'''		# '''Finalize preparation of direct examinations & cross-examinations of witnesses:'''
			#*Are you relying on witnesses? Are you sure they will show up? Should you be delivering a subpoena? [[PCFR Form 15 Subpoena\|Form 15]] needs to be served personally on the witness at least 7 days before trial.
			#*Write out questions you think you may want to ask.
			#*Consider reading ''[https://www.clicklaw.bc.ca/resource/4039 Preparing for a Family Court Trial in Provincial Court]'' (published by the Provincial Court), in particular the information on preparing for cross-examination.
	# '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses, etc. for easy reference for the judge at trial. If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer), and yourself.		# '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses, etc. for easy reference for the judge at trial. If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer), and yourself.
	# '''Prepare party’s own trial binder:''' Convert any trial preparation binder into a trial binder. Replace all documents with the following, each of which should be included behind separate tabs:		# '''Prepare party’s own trial binder:''' Convert any trial preparation binder into a trial binder. Replace all documents with the following, each of which should be included behind separate tabs: