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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)
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If a party objects to another party’s expert report that party must serve upon every other party a notice of any objection that party intends to raise about the admissibility of the report. That notice of objection must be served on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date (see Rule 13-6(10) of the Supreme Court Family Rules). If such notice isn’t given, then the objection will not be permitted at trial (unless the court otherwise orders) (See Rule 13-6(11) of the Supreme Court Family Rules). | If a party objects to another party’s expert report that party must serve upon every other party a notice of any objection that party intends to raise about the admissibility of the report. That notice of objection must be served on the earlier of the date of the trial management conference and the date that is 21 days before the scheduled trial date (see Rule 13-6(10) of the Supreme Court Family Rules). If such notice isn’t given, then the objection will not be permitted at trial (unless the court otherwise orders) (See Rule 13-6(11) of the Supreme Court Family Rules). | ||
=== Schedule and attend a | === Schedule and attend a trial management conference (TMC) === | ||
Parties heading to trial are required to schedule and attend a trial management conference (unless the 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 TMC) . The trial management conference is a meeting with a judge or a master 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 required to schedule and attend a trial management conference (unless the 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 TMC) . The trial management conference is a meeting with a judge or a master 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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Rule 14-3 of the Supreme Court Family Rules sets out further information about the Trial Management Conference. | Rule 14-3 of the Supreme Court Family Rules sets out further information about the Trial Management Conference. | ||
=== File and serve | === File and serve a trial record === | ||
If you are the party who has filed the Notice of Trial, you are also required to prepare and file a | If you are the party who has filed the Notice of Trial, you are also required to prepare and file a trial record. The trial record must be filed and served on the other party at least 14 days, but not more than 28 days, before the first day of trial (see Rule 14-4(3) of the Supreme Court Family Rules). | ||
The | The trial record must include: | ||
* The pleadings (i.e.: the Notice of Family Claim and each Response to Family Claim, Counterclaim and Response to Counterclaim), | * The pleadings (i.e.: the Notice of Family Claim and each Response to Family Claim, Counterclaim and Response to Counterclaim), | ||
* Any particulars served under a demand for particulars, together with the demand made, | * Any particulars served under a demand for particulars, together with the demand made, | ||
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Once you have collected these documents, you will need to arrange them into a bound book (such as a binder). The bound book should include: | Once you have collected these documents, you will need to arrange them into a bound book (such as a binder). The bound book should include: | ||
* a cover with the style of cause; the title “Trial Record”, the names and contact information (addresses and phone numbers) of each party (or their lawyers if represented), and the date and place of trial in the bottom right hand corner; | * a cover with the style of cause; the title “Trial Record”, the names and contact information (addresses and phone numbers) of each party (or their lawyers if represented), and the date and place of trial in the bottom right hand corner; | ||
* an index of the documents in the | * an index of the documents in the trial record, including the name and date of each document and on which page it can be found within the trial record; and | ||
* page numbers on the top right hand corner of each document. | * page numbers on the top right hand corner of each document. | ||
Once the | Once the trial record is complete, you will need to make two additional copies (or more if there are corporate or other respondents). You will then need to file the trial record (original and copies) with the registry and serve one copy on each party, saving one for yourself. | ||
Further information about filing a | Further information about filing a trial record is set out in Rule 14-4 of the Supreme Court Family Rules. | ||
=== File and serve | === File and serve a trial certificate === | ||
The | The trial certificate is a short document ([[Form F46 Trial Certificate|Form 46]]) that provides notice to the court that you are ready to proceed with the trial as scheduled. It specifically sets out that (1) the party filing the form is ready to proceed with the trial as scheduled; (2) the party filing the form has completed all examinations for discovery; (3) the current time estimate for the length of the trial; and (4) confirmation that the trial management conference has been completed. Both parties must file a trial certificate (see Rule 14-5 (1) of the Supreme Court Family Rules). | ||
The | The trial certificate must be filed at least 14 days but not more than 28 days before trial and it is crucial that it is done within this timeframe (See Rule 14-5(2) of the Supreme Court Family Rules). If no party files the trial certificate, the proceeding will be removed from the trial list and you will lose your trial date (therefore requiring you to reschedule the trial). Although the practice is for the Claimant (or the party who filed the Notice to Trial) to file the trial certificate, if that party fails to do so, the other party can in order to preserve the scheduled trial date. | ||
Further information about filing a | Further information about filing a trial record is set out in Rule 14-5 of the Supreme Court Family Rules. | ||
=== Update Form F8 Financial Statement === | === Update Form F8 Financial Statement === | ||
Each party is required to update their Form F8 | Each party is required to update their Form F8 Financial Statement before trial. | ||
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 | 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 == | ||
