Difference between revisions of "Family Law Trials in Provincial Court"
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Because expert reports have to be served on the other party at least 30 days before the trial date and can be expensive, it is important to consider early on in your case whether you will need expert evidence at trial. In addition, because there are specific requirements about the use of expert evidence and the form it must take, if you think you might need an expert, this would be a good issue about which to consult a lawyer. The lawyer would likely also be able to help you with choosing an expert and preparing the instructions to the expert. | Because expert reports have to be served on the other party at least 30 days before the trial date and can be expensive, it is important to consider early on in your case whether you will need expert evidence at trial. In addition, because there are specific requirements about the use of expert evidence and the form it must take, if you think you might need an expert, this would be a good issue about which to consult a lawyer. The lawyer would likely also be able to help you with choosing an expert and preparing the instructions to the expert. | ||
=== Attend a | === Attend a trial preparation conference (TPC) === | ||
Parties heading to trial are usually required to attend a trial preparation conference (except if a party has a lawyer in which case the party does not have to attend as long as s/he is available by telephone to speak with their lawyer if instructions are needed during the TPC) . The trial preparation conference is a short court hearing with a judge to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | Parties heading to trial are usually required to attend a trial preparation conference (except if a party has a lawyer in which case the party does not have to attend as long as s/he is available by telephone to speak with their lawyer if instructions are needed during the TPC) . The trial preparation conference is a short court hearing with a judge to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | ||
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Any party relying upon the expert report at trial will need to bring the original of any expert report to trial along with at least three copies. (If the expert’s resume or curriculum vitae is not already attached to the report, copies of will be required too). The original will be used for reference by the expert witness and the remaining copies will be distributed to the judge and all parties (or their counsel). The expert report (and resume or curriculum vitae) can be included in any joint book of documents at trial or submitted it as a separate exhibit. | Any party relying upon the expert report at trial will need to bring the original of any expert report to trial along with at least three copies. (If the expert’s resume or curriculum vitae is not already attached to the report, copies of will be required too). The original will be used for reference by the expert witness and the remaining copies will be distributed to the judge and all parties (or their counsel). The expert report (and resume or curriculum vitae) can be included in any joint book of documents at trial or submitted it as a separate exhibit. | ||
=== Section 211 | === Section 211 reports === | ||
If a party wishes to challenge any of the facts or opinions in a | If a party wishes to challenge any of the facts or opinions in a Section 211 report, that party must do so by cross-examination of the report writer. There is no right of cross-examination of the report writer in Provincial Court; instead a party wanting to cross-examine the report writer must apply to the court for an order allowing the party to do so. The court application is made by notice of motion to a judge under Rule 12 and must be heard at least 14 days before the trial date. | ||
Preparing to cross-examine a | Preparing to cross-examine a Section 211 report writer is similar to preparing to cross-examine an expert. | ||
For more information about | For more information about Section 211 reports, see: | ||
*[[How Do I Get a Needs of the Child Assessment?|How do I get a needs of the child assessment?]] | *[[How Do I Get a Needs of the Child Assessment?|How do I get a needs of the child assessment?]] | ||
*[[How Do I Get a Views of the Child Report?|How do I get a views of the child report?]] | *[[How Do I Get a Views of the Child Report?|How do I get a views of the child report?]] | ||
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#* Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (i.e.: family, friend, counselor). | #* Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (i.e.: family, friend, counselor). | ||
== Conducting a trial in the | == Conducting a trial in the Provincial Court == | ||
Trials of family matters in Provincial Court law proceedings are generally conducted in the following manner and order: | Trials of family matters in Provincial Court law proceedings are generally conducted in the following manner and order: | ||