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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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→‎Schedule and attend a trial management conference (TMC)
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=== Schedule and attend a trial management conference (TMC) ===
=== 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 they 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 they is available by telephone to speak with their lawyer if instructions are needed during the TMC).  The TMC 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.   


The trial management conference must take place at least 28 days before the scheduled trial date, unless the court orders otherwise (see Rule 14-3(1) of the Supreme Court Family Rules).  
The TMC must take place at least 28 days before the scheduled trial date, unless the court orders otherwise (see Rule 14-3(1) of the Supreme Court Family Rules).  


Each party (or their lawyer if represented) is required to file and serve on all other parties a trial brief in Form 45 at least 7 days before the trial management conference (see Rule 14-3(3) of the Supreme Court Family Rules).   
Each party (or their lawyer if represented) is required to file and serve on all other parties a trial brief in Form 45 at least 7 days before the TMC (see Rule 14-3(3) of the Supreme Court Family Rules).   


The trial brief must contain:
The trial brief must contain:
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# That party’s time estimate for submissions (final argument) at the end of the trial.
# That party’s time estimate for submissions (final argument) at the end of the trial.


At the trial management conference, the judge or master may consider and make orders about the following issues (see Rule 14-3(9)):
At the TMC, the judge or master may consider and make orders about the following issues (see Rule 14-3(9)):
<blockquote>
* direct the parties to attend a settlement conference,
(a) direct the parties to attend a settlement conference;
* amendment of pleadings within a fixed time,
* a plan for how the trial should be conducted,
* admissions of fact at trial,
* admission of documents at trial, including:
** agreements as to the purposes for which documents may be admitted, and
** the preparation of common books of documents and document agreements.
* imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions,
* directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial,
* directing that evidence of witnesses be presented at trial by way of affidavit,
* respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree,
* directing that the parties present opening statements and final submissions in writing,
* adjournment of the trial,
* directing that the number of days reserved for the trial be changed,
* adjourning the TMC,
* directing the parties to attend a further TMC at a specified date and time, and
* any other matter that may assist in making the trial more efficient or aid in the resolution of the family law proceeding.


(b) amendment of pleadings within a fixed time;


(c) a plan for how the trial should be conducted;
If a party (or that party’s) lawyer does not attend a TMC, the judge or master may proceed with the TMC without the party, adjourn the TMC to another date, and/or order the party to pay costs to the other party (see Rule 14-3(5)). 


(d) admissions of fact at trial;
Rule 14-3 of the Supreme Court Family Rules sets out further information about the TMC.
 
(e) admission of documents at trial, including:
:(i) agreements as to the purposes for which documents may be admitted, and
:(ii) the preparation of common books of documents and document agreements;
 
(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;
 
(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;
 
(h) directing that evidence of witnesses be presented at trial by way of affidavit;
 
(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;
 
(j) directing that the parties present opening statements and final submissions in writing;
 
(k) adjournment of the trial;
 
(l) directing that the number of days reserved for the trial be changed;
 
(m) adjourning the trial management conference;
 
(n) directing the parties to attend a further trial management conference at a specified date and time;  and
 
(o) any other matter that may assist in making the trial more efficient or aid in the resolution of the family law proceeding.
</blockquote>
 
If a party (or that party’s) lawyer does not attend a Trial Management Conference, the judge or master may proceed with the TMC without the party, adjourn the TMC to another date, and/or order the party to pay costs to the other party (see Rule 14-3(5)). 
 
Rule 14-3 of the Supreme Court Family Rules sets out further information about the Trial Management Conference.


=== File and serve a trial record ===
=== File and serve a trial record ===
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