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Difference between revisions of "Family Law Trials in Supreme Court"
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Family Law Trials in Supreme Court (view source)
Revision as of 22:08, 2 August 2017
, 22:08, 2 August 2017→Preparing for trial in the Supreme Court
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== Preparing for trial in the Supreme Court == | == Preparing for trial in the Supreme Court == | ||
There are two available types of trial in Supreme Court – a ''regular trial'' (which is the type you see on TV and in the movies with cross-examination of witnesses and lawyers making legal arguments) and a ''summary trial'' (which is trial where each | There are two available types of trial in Supreme Court – a ''regular trial'' (which is the type you see on TV and in the movies with cross-examination of witnesses and lawyers making legal arguments) and a ''summary trial'' (which is trial where each witness' evidence is introduced by affidavit). | ||
Summary trials can seem like a good option because they can often be dealt with in fewer days of court time, often don’t involve cross-examination of the parties, and therefore are often easier and less expensive for the parties. However, summary trials are not suitable for all court proceedings; they are suitable only where there is sufficient evidence before the court for the judge to make a decision. | Summary trials can seem like a good option because they can often be dealt with in fewer days of court time, often don’t involve cross-examination of the parties, and therefore are often easier and less expensive for the parties. However, summary trials are not suitable for all court proceedings; they are suitable only where there is sufficient evidence before the court for the judge to make a decision. | ||
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*the course of the proceedings, whether credibility is a critical factor in the determination of the dispute, | *the course of the proceedings, whether credibility is a critical factor in the determination of the dispute, | ||
*whether the summary trial may create an unnecessary complexity in the resolution of the dispute and | *whether the summary trial may create an unnecessary complexity in the resolution of the dispute and | ||
*whether the application would result in litigating in slices (see ''Inspiration Management Ltd. v. McDermid St. Lawrence Ltd.'' (1989), 36 B.C.L.R. (2d) 202 (C.A.)). | *whether the application would result in litigating in slices (see ''[http://canlii.ca/t/1p6qn Inspiration Management Ltd. v. McDermid St. Lawrence Ltd.]'' (1989), 36 B.C.L.R. (2d) 202 (C.A.)). | ||
Summary trials are more common where lawyers are involved, and rare if both parties are self-represented. | Summary trials are more common where lawyers are involved, and rare if both parties are self-represented. | ||
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Summary trials are governed by Rule 11-3 of the Supreme Court Family Rules and are not subject to all of the rules and procedures described in the rest of the section below. | Summary trials are governed by Rule 11-3 of the Supreme Court Family Rules and are not subject to all of the rules and procedures described in the rest of the section below. | ||
Summary trials must be heard at least 42 days before the scheduled trial date (see Rule 11-3(3) of the Supreme Court Rules) and a summary trial application must be set for hearing in accordance with Part 10 of the Supreme Court Rules (Obtaining Orders Other Than at Trial). | Summary trials must be heard at least 42 days before the scheduled trial date (see Rule 11-3(3) of the Supreme Court Rules) and a summary trial application must be set for hearing in accordance with Part 10 of the Supreme Family Court Rules (Obtaining Orders Other Than at Trial). | ||
=== Preparing for trial === | === Preparing for trial === | ||
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The usual rule is that each party must file and serve on the other party an updated financial statement at least 28 days before trial (but not more than 63 days before the start of the trial). There is an exception for parties who have delivered their original Form F8 within 91 days before the start of the trial (see Rule 5-1(8) of the Supreme Court Rules). | The usual rule is that each party must file and serve on the other party an updated financial statement at least 28 days before trial (but not more than 63 days before the start of the trial). There is an exception for parties who have delivered their original Form F8 within 91 days before the start of the trial (see Rule 5-1(8) of the Supreme Court Rules). | ||
If a party’s updated Form F8 Financial Statement includes material changes in that party’s financial circumstances since the initial Form F8, then the other party may seek a court order to allow that party to cross-examined before trial. | If a party’s updated Form F8 Financial Statement includes material changes in that party’s financial circumstances since the initial Form F8, then the other party may seek a court order to allow that party to cross-examined before trial. | ||
== Preparing evidence for trial == | == Preparing evidence for trial == | ||
