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

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Put your outline (which at this point may be several or many pages already) into a three ring binder which will eventually become your trial binder.  In the meantime, it will be a key organizational tool for preparing for trial and should include the following (each behind its own tab):
Put your outline (which at this point may be several or many pages already) into a three ring binder which will eventually become your trial binder.  In the meantime, it will be a key organizational tool for preparing for trial and should include the following (each behind its own tab):
* A prominent page (the first page or behind the first tab) which includes:
* a prominent page (the first page or behind the first tab) which includes:
** the trial date; and  
** the trial date, and  
** a list of all the dates by which you must take specific steps in the court proceeding
** a list of all the dates by which you must take specific steps in the court proceeding,
* Your outline;
* your outline,
* A list of all the witnesses you intend to call to testify at trial, their address and phone number;  you should later add a point form summary of the evidence you expect to receive from them as well as the date of trial you expect each to testify;
* a list of all the witnesses you intend to call to testify at trial, their address and phone number;  you should later add a point form summary of the evidence you expect to receive from them as well as the date of trial you expect each to testify,
* A page to list the documents you intend to rely upon at trial;  this list will become the index to your book of documents (which step is discussed more below)
* a page to list the documents you intend to rely upon at trial;  this list will become the index to your book of documents (which step is discussed more below), and
* A section to include all court documents in date order (ie: the application to obtain an order, response etc)
* a section to include all court documents in date order (i.e.: the application to obtain an order, response, etc.)


=== Documents ===
=== Documents ===
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Preparing your outline (as described above) will help you decide which documents you will want to present as evidence during the trial.   
Preparing your outline (as described above) will help you decide which documents you will want to present as evidence during the trial.   


Once you have collected all of the documents you intend to use at trial, you will need to consider how you will prove each document in court (ie: through a witness testifying about the document or another means), unless the other party will simply agree to the document being used.  This is a good topic to raise at the trial preparation conference described earlier in this section.
Once you have collected all of the documents you intend to use at trial, you will need to consider how you will prove each document in court (i.e.: through a witness testifying about the document or another means), unless the other party will simply agree to the document being used.  This is a good topic to raise at the trial preparation conference described earlier in this section.


If you have many documents to use at trial, you should consider preparing a book of documents which will become an exhibit at trial.  Start by organizing the documents in date order;  then separate each document by numbered tabs to make them easy to find.  If the documents are longer than one page, number each page of that document starting with page one.  You will need to prepare an index of each document included in the book and the corresponding tab number for each.  Again, it is useful to bring this list to the trial preparation conference and ask the other party to inform whether that other party has any objections to any of the documents.
If you have many documents to use at trial, you should consider preparing a book of documents which will become an exhibit at trial.  Start by organizing the documents in date order;  then separate each document by numbered tabs to make them easy to find.  If the documents are longer than one page, number each page of that document starting with page one.  You will need to prepare an index of each document included in the book and the corresponding tab number for each.  Again, it is useful to bring this list to the trial preparation conference and ask the other party to inform whether that other party has any objections to any of the documents.