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

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=== Use of pre-trial examination or deposition ===
=== Use of pre-trial examination or deposition ===


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 Rule 14-7(52) about the use of transcripts of ''pre-trial examinations of witnesses''. Even when a transcript is allowed as evidence at a trial, the court can require the witness to attend and testify in person (see Rule 14-7(40)). Using a transcript as evidence at trial 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.  
# where the transcript evidence can be used to contradict or impeach the testimony of the person at trial, or  
# It is necessary in the interests of justice for one of the following reasons:
# 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 unable to testify due to death, age, infirmity, sickness, or imprisonment,
#*the person is out of the jurisdiction, or
#*the person is out of the jurisdiction, or
#*the person cannot be served with a subpoena.
#*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]].
Using a transcript requires 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 in this chapter on [[Interim Applications in Family Matters]].


Do note that you can’t cherry pick the evidence from the transcript to introduce at trial.  Rule 14-7(45) requires that depositions (whether by video or transcript) must be presented in full at trial.  Rule 14-7(53) states that a court may consider the whole of the pre-trial examination and can direct that other related portions be introduced as evidence.  Rule 14-7(56) allows a party to object to the admissibility of any question asked at a deposition or pre-trial examination of a witness even if the party didn’t object at the time to to the question was being asked.
Note that you can’t cherry pick the evidence from the transcript to introduce at trial.  Rule 14-7(45) requires that depositions (whether by video or transcript) must be presented in full at trial.  Rule 14-7(53) states that a court may consider the whole of the pre-trial examination and can direct that other related portions be introduced as evidence.  Rule 14-7(56) allows a party to object to the admissibility of any question asked at a deposition or pre-trial examination of a witness even if the party didn’t object at the time to to the question was being asked.


=== Expert witnesses ===
=== Expert witnesses ===
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