2,734
edits
Difference between revisions of "Small Claims Trial Preparation (20:XIII)"
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Small Claims Trial Preparation (20:XIII) (view source)
Revision as of 20:47, 23 November 2022
, 20:47, 23 November 2022→D. Documentary Evidence
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Before a document can be marked as an exhibit, it must be authenticated. The witness must identify its origins and that it is a true copy. Give the original document and a copy to the clerk and ask the clerk to show the original to the witness. Ask the witness to identify it: “I’m showing you a letter dated...”, “Do you recognize it?”, “Is this your signature?” or “Is it addressed to you?” When the witness has identified its origins and there are no objections, ask the judge to accept it as an exhibit: “May this be marked exhibit #1?” | Before a document can be marked as an exhibit, it must be authenticated. The witness must identify its origins and that it is a true copy. Give the original document and a copy to the clerk and ask the clerk to show the original to the witness. Ask the witness to identify it: “I’m showing you a letter dated...”, “Do you recognize it?”, “Is this your signature?” or “Is it addressed to you?” When the witness has identified its origins and there are no objections, ask the judge to accept it as an exhibit: “May this be marked exhibit #1?” | ||
'''NOTE:''' In exceptional circumstances, the judge may permit a witness to provide evidence by affidavit rather than testifying at trial (''[http://canlii.ca/t/1l561 Withler and Fitzsimonds v Attorney General (Canada)]'', 2005 BCSC 1044 (CanLII), para 18; and ''[http://canlii.ca/t/fkr60 Sangha v Reliance]'', 2011 BCSC 371). | :'''NOTE:''' In exceptional circumstances, the judge may permit a witness to provide evidence by affidavit rather than testifying at trial (''[http://canlii.ca/t/1l561 Withler and Fitzsimonds v Attorney General (Canada)]'', 2005 BCSC 1044 (CanLII), para 18; and ''[http://canlii.ca/t/fkr60 Sangha v Reliance]'', 2011 BCSC 371). | ||
'''NOTE:''' A judge may examine and compare headshots or handwriting, but should only place very limited weight on their own judgment in these situations (''[http://canlii.ca/t/1fr59 R. v Nikolovski]'',[1996] CanLII 158 SCC; and ''[http://canlii.ca/t/6hcz R. v Abdi]'', [1997] CanLII 4448 Ont CA). | :'''NOTE:''' A judge may examine and compare headshots or handwriting, but should only place very limited weight on their own judgment in these situations (''[http://canlii.ca/t/1fr59 R. v Nikolovski]'',[1996] CanLII 158 SCC; and ''[http://canlii.ca/t/6hcz R. v Abdi]'', [1997] CanLII 4448 Ont CA). | ||
The CRT decides whether the hearing is held in writing, orally, or a combination of the two (''CRT Rules (effective May 1, 2021)'', Rules 9.1). CRT disputes are almost always done in writing. As such evidence rules differ from those at Court. Refer to Part 8 of the CRT Rules for information about evidence: https://civilresolutionbc.ca/resources/rules-and-policies/. | The CRT decides whether the hearing is held in writing, orally, or a combination of the two (''CRT Rules (effective May 1, 2021)'', Rules 9.1). CRT disputes are almost always done in writing. As such evidence rules differ from those at Court. Refer to Part 8 of the CRT Rules for information about evidence: https://civilresolutionbc.ca/resources/rules-and-policies/. | ||
