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

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Trials of family matters in Provincial Court law proceedings are generally conducted in the following manner and order:
Trials of family matters in Provincial Court law proceedings are generally conducted in the following manner and order:
<blockquote>
#'''Opening statement of the applicant:'''  At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting.
(a) '''Opening Statement of the Applicant:'''  At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting.
#'''Applicant’s presentation of evidence:'''  The applicant (or applicant’s counsel) will then call each of their witnesses, including the applicant him/herself, to testify, and to introduce any applicable exhibits into evidence (i.e.: documents or objects).  The respondent (or respondent’s counsel) will then have the right to cross-examine the witnesses.   
 
#'''Opening statement of the respondent:'''  After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court.   
(b) '''Applicant’s Presentation of Evidence:'''  The applicant (or applicant’s counsel) will then call each of their witnesses, including the applicant him/herself, to testify, and to introduce any applicable exhibits into evidence (i.e.: documents or objects).  The respondent (or respondent’s counsel) will then have the right to cross-examine the witnesses.   
#'''Respondent’s presentation of evidence:'''  The respondent (or respondent’s counsel) will then be given the opportunity to call witnesses, including the respondent him/herself, to testify, and to introduce any applicable exhibits into evidence.  The applicant (or applicant’s counsel) will then have the right to cross-examine them.
 
#'''Argument:'''  After the evidence is complete, both parties (or their lawyers) will have the opportunity to make submissions (arguments) about how the case should be decided.  The applicant is given the opportunity to make submissions first, then the respondent, and then the applicant is often given a further opportunity to respond (briefly) to the submissions of the respondent.
(c) '''Opening Statement of the Respondent:'''  After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court.   
 
(d) '''Respondent’s Presentation of Evidence:'''  The respondent (or respondent’s counsel) will then be given the opportunity to call witnesses, including the respondent him/herself, to testify, and to introduce any applicable exhibits into evidence.  The applicant (or applicant’s counsel) will then have the right to cross-examine them.
 
(e) '''Argument:'''  After the evidence is complete, both parties (or their lawyers) will have the opportunity to make submissions (arguments) about how the case should be decided.  The applicant is given the opportunity to make submissions first, then the respondent, and then the applicant is often given a further opportunity to respond (briefly) to the submissions of the respondent.
</blockquote>


=== Tips about etiquette at trial in Provincial Court ===
=== Tips about etiquette at trial in Provincial Court ===