Difference between revisions of "Family Law Trials in Supreme Court"
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There are limited circumstances under which a witness may be able to testify before trial and have the transcript of their answers used as evidence at trial (see Rule 14-7(40) about the use of deposition evidence and Rule14-7(52) about the use of transcripts of pre-trial examinations of witnesses) — although even then, the court retains the right to require the witness to attend the trial to testify in person (see Rule 14-7(40) of the Supreme Court Family Rules). Doing so may be appropriate in the following circumstances: | There are limited circumstances under which a witness may be able to testify before trial and have the transcript of their answers used as evidence at trial (see Rule 14-7(40) about the use of deposition evidence and Rule14-7(52) about the use of transcripts of pre-trial examinations of witnesses) — although even then, the court retains the right to require the witness to attend the trial to testify in person (see Rule 14-7(40) of the Supreme Court Family Rules). Doing so may be appropriate in the following circumstances: | ||
# Where the transcript evidence can be used to contradict or impeach the testimony of the person at trial. | |||
# It is necessary in the interests of justice for one of the following reasons: | |||
#*the person is unable to testify due to death, age, infirmity, sickness, or imprisonment; | |||
#*the person is out of the jurisdiction, or | |||
#*the person cannot be served with a subpoena. | |||
Doing so also requires either the consent of both parties or an order of the court. For more information about making an application to the court for an order before trial, see the section: [[Interim Applications in Family Matters]]. | Doing so also requires either the consent of both parties or an order of the court. For more information about making an application to the court for an order before trial, see the section: [[Interim Applications in Family Matters]]. | ||