Difference between revisions of "Family Law Trials in Supreme Court"

Jump to navigation Jump to search
Line 448: Line 448:


Trials of family matters in Supreme Court are usually conducted in the following manner and sequence:
Trials of family matters in Supreme Court are usually conducted in the following manner and sequence:
<blockquote>
#'''Opening Statement of the Claimant:'''  At the beginning of the trial, the claimant (or claimant’s counsel) has the opportunity to tell the court what the case is about and what proof the claimant will be presenting.
(a) '''Opening Statement of the Claimant:'''  At the beginning of the trial, the claimant (or claimant’s counsel) has the opportunity to tell the court what the case is about and what proof the claimant will be presenting.


(b) '''Claimant’s Presentation of Evidence:'''  The claimant (or claimant’s counsel) will then call each of their witnesses, including the claimant themself, to testify and to introduce any applicable exhibits into evidence (i.e.: documents or objects).  The respondent (or respondent’s counsel) will then have the right to cross-examine the witnesses.   
#'''Claimant’s Presentation of Evidence:'''  The claimant (or claimant’s counsel) will then call each of their witnesses, including the claimant themself, to testify and to introduce any applicable exhibits into evidence (i.e.: documents or objects).  The respondent (or respondent’s counsel) will then have the right to cross-examine the witnesses.   


(c) '''Opening Statement of the Respondent:'''  After the claimant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is entitled to make an opening statement to the court.   
#'''Opening Statement of the Respondent:'''  After the claimant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is entitled to make an opening statement to the court.   


(d) '''Respondent’s Presentation of Evidence:'''  The respondent (or respondent’s counsel) will then be given the opportunity to call witnesses, including the respondent him/herself, to testify, and to introduce any applicable exhibits into evidence.  The claimant (or claimant’s counsel) will then have the right to cross-examine them.
#'''Respondent’s Presentation of Evidence:'''  The respondent (or respondent’s counsel) will then be given the opportunity to call witnesses, including the respondent him/herself, to testify, and to introduce any applicable exhibits into evidence.  The claimant (or claimant’s counsel) will then have the right to cross-examine them.


(e) '''Argument:'''  After the evidence is complete, both parties (or their lawyers) will have the opportunity to make submissions (arguments) about how the case should be decided.  The claimant is given the opportunity to make submissions first, then the respondent, and then the claimant is often given a further opportunity to respond (briefly) to the submissions of the respondent.
#'''Argument:'''  After the evidence is complete, both parties (or their lawyers) will have the opportunity to make submissions (arguments) about how the case should be decided.  The claimant is given the opportunity to make submissions first, then the respondent, and then the claimant is often given a further opportunity to respond (briefly) to the submissions of the respondent.
</blockquote>


=== Tips about etiquette at trial in Supreme Court ===
=== Tips about etiquette at trial in Supreme Court ===