Difference between revisions of "Overview of Case Conferences and Discovery in Family Law Matters"
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Whether you're off to trial or a settlement can be reached, the steps until trial involve attending ''case conferences'' and taking steps to discover the other party’s case (the evidence and arguments of the other party). | Whether you're off to trial or a settlement can be reached, the steps until trial involve attending ''case conferences'' and taking steps to discover the other party’s case (the evidence and arguments of the other party). | ||
Case conferences | Case conferences are opportunities for parties to meet with each other in front of a judge to discuss the issues in the court proceeding (and possible opportunities for settlement) as well as assist the parties in setting deadlines to prepare themselves for trial. | ||
''Discovery'' involves learning about (discovering) the evidence that the other party intends to use at trial (for example through receiving documents from the other party and asking the other party questions about their case) and the arguments that party intends to make at trial. It also involves providing the other party with details about the evidence you intend to use at trial (for example documents) and telling them why you are making the claims and/or taking the position(s) you are taking. | ''Discovery'' involves learning about (discovering) the evidence that the other party intends to use at trial (for example through receiving documents from the other party and asking the other party questions about their case) and the arguments that party intends to make at trial. It also involves providing the other party with details about the evidence you intend to use at trial (for example documents) and telling them why you are making the claims and/or taking the position(s) you are taking. | ||
==Things to keep in mind== | |||
Before reviewing the usual next steps: | Before reviewing the usual next steps: | ||
#Do remember that moving towards trial and trying to reach a settlement are not mutually exclusive approaches; although you may be taking steps to ready yourself for the eventual trial date, you can continue to try to negotiate a settlement with the other party, on one or more issues in the court proceeding, at the same time. Also, as you learn more about the strengths and weaknesses of the other party’s case and the strengths and weaknesses of your own, be sure to reconsider your settlement options. Settlement discussions remain an available approach even though you are scheduling a trial date. | #Do remember that moving towards trial and trying to reach a settlement are not mutually exclusive approaches; although you may be taking steps to ready yourself for the eventual trial date, you can continue to try to negotiate a settlement with the other party, on one or more issues in the court proceeding, at the same time. Also, as you learn more about the strengths and weaknesses of the other party’s case and the strengths and weaknesses of your own, be sure to reconsider your settlement options. Settlement discussions remain an available approach even though you are scheduling a trial date. | ||
#Be aware of your legal obligation to disclose information to the other party. Under section 5 of the ''[[Family Law Act]]'' each “party to a family law dispute provide to the other party full and true information for the purposes of resolving a family law dispute”. This means that as a party, you have to provide to the other party full and accurate information about your finances and other personal circumstances that are relevant to the issues in the court proceeding. If you don’t, any agreement or order entered into could be set aside on the basis of the false information, financial penalties may be awarded against you, and/or your credibility may be compromised if you find yourself in trial. | #Be aware of your legal obligation to disclose information to the other party. Under section 5 of the ''[[Family Law Act]]'' each “party to a family law dispute provide to the other party full and true information for the purposes of resolving a family law dispute”. This means that as a party, you have to provide to the other party full and accurate information about your finances and other personal circumstances that are relevant to the issues in the court proceeding. If you don’t, any agreement or order entered into could be set aside on the basis of the false information, financial penalties may be awarded against you, and/or your credibility may be compromised if you find yourself in trial. | ||
==Steps involved== | |||
Except as otherwise noted, whether you are in Supreme Court or Provincial Court, the next steps are usually these: | Except as otherwise noted, whether you are in Supreme Court or Provincial Court, the next steps are usually these: | ||
#'''Exchange Financial Statements.''' Financial Statements are required whenever the division of property or the payment of support is at issue. Financial Statements are prepared in Form 8. Financial Statements must be exchanged before the first judicial case conference, and updated statements will be required throughout the case and before trial. These are discussed in more detail further on in this section. | #'''Exchange Financial Statements.''' Financial Statements are required whenever the division of property or the payment of support is at issue. Financial Statements are prepared in Form 8. Financial Statements must be exchanged before the first judicial case conference, and updated statements will be required throughout the case and before trial. These are discussed in more detail further on in this section. | ||