Nate Russell at 20:51, 9 April 2025

2025-04-09T20:51:47Z

Nate Russell at 20:40, 9 April 2025

2025-04-09T20:40:18Z

← Older revision		Revision as of 20:40, 9 April 2025
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	** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-your-own-witnesses Sample questions to ask your own witnesses at a Supreme Court trial] (generally applicable in Provincial Court)		** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-your-own-witnesses Sample questions to ask your own witnesses at a Supreme Court trial] (generally applicable in Provincial Court)
	** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-when-cross-examining Sample questions to ask when cross-examining witnesses at a Supreme Court trial] (generally applicable in Provincial Court)		** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-when-cross-examining Sample questions to ask when cross-examining witnesses at a Supreme Court trial] (generally applicable in Provincial Court)
	* [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Guides for self-represented litigants] information page from the Canadian Judicial Council (CJC) (see link to download the ''Family Law ~~Hanbdbook~~'')		* [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Guides for self-represented litigants] information page from the Canadian Judicial Council (CJC) (see link to download the ''Family Law Handbook'')

Nate Russell at 19:54, 8 April 2025

2025-04-08T19:54:59Z

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	}}		}}

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

Nate Russell at 23:12, 4 April 2025

2025-04-04T23:12:25Z

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	{{JP Boyd on Family Law TOC\|expanded = bcpc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcpc}}{{JPBOFL Editor Badge
	\|~~CoAuthors~~ = [[Kendra Marks]]		\|CoAuthor = [[Kendra Marks]]
	}}		}}

Nate Russell at 19:28, 2 April 2025

2025-04-02T19:28:10Z

Show changes

Nate Russell at 21:53, 28 March 2025

2025-03-28T21:53:05Z

Show changes

Nate Russell: Interim page for live site pending family law litigation chapters update

2024-01-12T00:03:18Z

Interim page for live site pending family law litigation chapters update

New page

← Older revision		Revision as of 20:51, 9 April 2025
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	There are fewer rules and procedures involved in preparing for trial in Provincial Court than there are in Supreme Court. Again, you should review the BC Provincial Court's own guide on ''[https://perma.cc/UGK2-6B5A Preparing for a Family Court Trial in Provincial Court]'', 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].		There are fewer rules and procedures involved in preparing for trial in Provincial Court than there are in Supreme Court. Again, you should review the BC Provincial Court's own guide on ''[https://perma.cc/UGK2-6B5A Preparing for a Family Court Trial in Provincial Court]'', 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].

	The ''judicial case manager'', who schedules most court appearances and all trials in Provincial Court, will schedule the trial date after receiving direction from a judge at an FMC, or another ~~other~~ hearing. You should contact the judicial case manager following the court appearance that provided the direction to schedule a trial so that you are consulted about your availability. This is best done by going to the judicial case manager's office at the courthouse, but can also be done by phoning the judicial case manager. Many government contacts, including judicial case managers, are listed in the BC government's [https://dir.gov.bc.ca/gtds.cgi?searchString=judicial+case+manager public directory], or the court clerk may also provide you with the email address for the judicial case manager in your location.		The ''judicial case manager'', who schedules most court appearances and all trials in Provincial Court, will schedule the trial date after receiving direction from a judge at an FMC, or another hearing. You should contact the judicial case manager following the court appearance that provided the direction to schedule a trial so that you are consulted about your availability. This is best done by going to the judicial case manager's office at the courthouse, but can also be done by phoning the judicial case manager. Many government contacts, including judicial case managers, are listed in the BC government's [https://dir.gov.bc.ca/gtds.cgi?searchString=judicial+case+manager public directory], or the court clerk may also provide you with the email address for the judicial case manager in your location.

	A judge (or family justice manager) is also likely to direct that a ''trial preparation conference'' be scheduled, especially if at least one of the parties is self-represented. The judge may personally schedule the date or direct the judicial case manager to schedule it.		A judge (or family justice manager) is also likely to direct that a ''trial preparation conference'' be scheduled, especially if at least one of the parties is self-represented. The judge may personally schedule the date or direct the judicial case manager to schedule it.
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	* ''Hear the Child Reports'' — which provide insight into a child's views and preferences without offering an opinion on the child's needs or the context of their views. These are ''non-evaluative'', meaning they simply describe what a child says during an interview with a professional (e.g. a mental health professional, or a lawyer with special training). This type of report is useful for understanding what the child is expressing in their own words, but it does not provide an opinion about the child's maturity, or whether their words reflect their actual views. Importantly, these reports offer no opinion or assessment about what the child needs, or what is in their best interests.		* ''Hear the Child Reports'' — which provide insight into a child's views and preferences without offering an opinion on the child's needs or the context of their views. These are ''non-evaluative'', meaning they simply describe what a child says during an interview with a professional (e.g. a mental health professional, or a lawyer with special training). This type of report is useful for understanding what the child is expressing in their own words, but it does not provide an opinion about the child's maturity, or whether their words reflect their actual views. Importantly, these reports offer no opinion or assessment about what the child needs, or what is in their best interests.
	* ''Views of the Child Reports'' — which go a step further by including the report writer's assessment of what the child's views are (which might be different from what the child simply says). These reports assess whether a child's expressed views align with their actual feelings, whether the child understands the consequences of their wishes, and whether there has been any coaching in the opinion of the assessor. They are evaluative on these points, however they ~~come~~ short of offering an assessment about what the child ''needs''.		* ''Views of the Child Reports'' — which go a step further by including the report writer's assessment of what the child's views are (which might be different from what the child simply says). These reports assess whether a child's expressed views align with their actual feelings, whether the child understands the consequences of their wishes, and whether there has been any coaching in the opinion of the assessor. They are evaluative on these points, however they stop short of offering an assessment about what the child ''needs''.
	* ''Section 211 Reports'': which are comprehensive evaluations used when parents disagree about parenting arrangements. These evaluative reports go further than the other types, and provide recommendations on what the child needs, and what parenting arrangement is in the best interests of the child. They are also known as ''needs of the child assessments'' and are prepared by professionals like psychologists, some family justice counsellors, and trained social workers. These reports assess:		* ''Section 211 Reports'': which are comprehensive evaluations used when parents disagree about parenting arrangements. These evaluative reports go further than the other types, and provide recommendations on what the child needs, and what parenting arrangement is in the best interests of the child. They are also known as ''needs of the child assessments'' and are prepared by professionals like psychologists, some family justice counsellors, and trained social workers. These reports assess:
	**the child's views, if they are old enough to express them,		**the child's views, if they are old enough to express them,
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	#* Visit the courthouse to familiarize yourself with it (unless you know it well already), including checking the hours of operation, the location of the hearing list, the location of washrooms, and the availability of food at or near the courthouse (if you don’t plan to pack a lunch each day of trial).		#* Visit the courthouse to familiarize yourself with it (unless you know it well already), including checking the hours of operation, the location of the hearing list, the location of washrooms, and the availability of food at or near the courthouse (if you don’t plan to pack a lunch each day of trial).
	#* Consider watching a trial, as observation of the real thing is often the best education. Trials are open to the public and are generally in session from 9:30am-12:30pm and from 2:00pm-4:00pm each day. This is likely the best way to understand the rhythm of a trial and get a better sense of how judges conduct trials. If you can watch trials before your trial, you will be much better prepared.		#* Consider watching a trial, as observation of the real thing is often the best education. Trials are open to the public and are generally in session from 9:30am-12:30pm and from 2:00pm-4:00pm each day. This is likely the best way to understand the rhythm of a trial and get a better sense of how judges conduct trials. If you can watch trials before your trial, you will be much better prepared.
	#* Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process, such as from family, friends, and a counsellor).		#* Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (such as from family, friends, and a counsellor).

	== Conducting a trial in the Provincial Court ==		== Conducting a trial in the Provincial Court ==

	Trials of family matters in Provincial Court ~~law proceedings~~ are generally conducted in the following manner and order:		Trials of family matters in Provincial Court are generally conducted in the following manner and order:
	#'''Opening statement of the applicant:''' At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting.		#'''Opening statement of the applicant:''' At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting.
	#'''Opening statement of the respondent:''' After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court. Sometimes, a judge will want the applicant to provide their evidence first, but almost always judges want to hear a summary from each side of what the case is about and what orders each side wants the judge to make.		#'''Opening statement of the respondent:''' After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court. Sometimes, a judge will want the applicant to provide their evidence first, but almost always judges want to hear a summary from each side of what the case is about and what orders each side wants the judge to make.
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	Whereas ''costs'' awards are a common feature in BC Supreme Court litigation, costs are almost never payable in Provincial Court. Rather, each party is simply responsible for their legal fees and any out-of-pocket expenses, regardless of whether they are successful or not.		Whereas ''costs'' awards are a common feature in BC Supreme Court litigation, costs are almost never payable in Provincial Court. Rather, each party is simply responsible for their legal fees and any out-of-pocket expenses, regardless of whether they are successful or not.

	One exception to this rule is for the cost of requiring an expert or a section 211 report writer to attend court to testify. If a judge determines that the report writer or expert’s attendance was unnecessary, the judge can order the party who required the writer's, or ~~expert’s~~ attendance to pay the reasonable costs of ~~the writer's or expert’s~~ attendance (Rule 120(6) of the Provincial Court Family Rules).		One exception to this rule is for the cost of requiring an expert or a section 211 report writer to attend court to testify. If a judge determines that the report writer or expert’s attendance was unnecessary, the judge can order the party who required the writer's or expert's attendance to pay the reasonable costs of attendance (Rule 120(6) of the Provincial Court Family Rules).

	==Resources and links==		==Resources and links==
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	** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-when-cross-examining Sample questions to ask when cross-examining witnesses at a Supreme Court trial] (generally applicable in Provincial Court)		** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/sample-questions-ask-when-cross-examining Sample questions to ask when cross-examining witnesses at a Supreme Court trial] (generally applicable in Provincial Court)
	* [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Guides for self-represented litigants] information page from the Canadian Judicial Council (CJC) (see link to download the ''Family Law Handbook'')		* [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Guides for self-represented litigants] information page from the Canadian Judicial Council (CJC) (see link to download the ''Family Law Handbook'')


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