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

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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: