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Family Law Trials in Supreme Court: Difference between revisions

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#* Read Rule 14-7 carefully, and especially subsections (19) to (39) when it comes to witnesses.  
#* Read Rule 14-7 carefully, and especially subsections (19) to (39) when it comes to witnesses.  
#* Are you certain your witnesses will show up? Should you be delivering a subpoena (in Form F23) by personal service more than 7 days in advance of when you want them to give testimony?
#* Are you certain your witnesses will show up? Should you be delivering a subpoena (in Form F23) by personal service more than 7 days in advance of when you want them to give testimony?
#* Consider reading the part on "Witnesses giving evidence" in the Justice Education Society's guidebook, [https://www.clicklaw.bc.ca/resource/1498 Trials in Supreme Court], as well as the Legal Services Society's information page "[https://www.clicklaw.bc.ca/resource/4649 If you have to go to court]", in particular the portions on sample questions to ask your own witnesses and on cross-examination of other witnesses under the section "Trials in Supreme Court".
#* Consider reading the part on "Witnesses giving evidence" in the Justice Education Society's guidebook, [https://www.clicklaw.bc.ca/resource/1498 Trials in Supreme Court], as well as the Legal Services Society's information page [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court"], in particular the portions on sample questions to ask your own witnesses and on cross-examination of other witnesses under the section "Trials in Supreme Court."
# '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses, etc. for easy reference by the judge at trial.  If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer), and yourself.
# '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses, etc. for easy reference by the judge at trial.  If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer), and yourself.
# '''Consider preparing a Scott Schedule:'''  If either party has a lawyer and division of property and debt is in dispute, then the lawyer will also prepare a ''Scott Schedule''.  A Scott Schedule is a spreadsheet that lists all of the property and debt in issue, the value of each at various dates, and other useful information such as whether there are excluded property claims, that party’s position about what should happen with each property and debt, and the like.  There is no requirement in the Supreme Court Family Rules that a Scott Schedule be prepared, but it is a useful reference tool at trial.  If one party has a lawyer who prepares a Scott Schedule, the other party can review it carefully and make note of where that party disagrees with the information provided.  If neither party have a lawyer and neither party prepares a Scott Schedule, the judge will likely use the parties’ financial statements as the main reference for financial information about property and debts.
# '''Consider preparing a Scott Schedule:'''  If either party has a lawyer and division of property and debt is in dispute, then the lawyer will also prepare a ''Scott Schedule''.  A Scott Schedule is a spreadsheet that lists all of the property and debt in issue, the value of each at various dates, and other useful information such as whether there are excluded property claims, that party’s position about what should happen with each property and debt, and the like.  There is no requirement in the Supreme Court Family Rules that a Scott Schedule be prepared, but it is a useful reference tool at trial.  If one party has a lawyer who prepares a Scott Schedule, the other party can review it carefully and make note of where that party disagrees with the information provided.  If neither party have a lawyer and neither party prepares a Scott Schedule, the judge will likely use the parties’ financial statements as the main reference for financial information about property and debts.
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#**Consider watching a trial, as observation of the real thing is often the best education.  Trials are open to the public and are generally in session from 10:00am–12:30pm and from 2:00pm–4:00pm each day.
#**Consider watching a trial, as observation of the real thing is often the best education.  Trials are open to the public and are generally in session from 10:00am–12:30pm and from 2:00pm–4:00pm each day.
#*Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (i.e. from family, a friend, or a counsellor).
#*Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (i.e. from family, a friend, or a counsellor).
#*For more tips on personal preparation to manage the trial process, see the Legal Services Society of British Columbia’s information page "[https://www.clicklaw.bc.ca/resource/4649 If I have to go to court]", and in particular the portions on "Coping with the court process", and "Preparing to attend a Supreme Court trial", both under the section on "Trials in Supreme Court".
#*For more tips on personal preparation to manage the trial process, see the Legal Services Society’s information page [https://www.clicklaw.bc.ca/resource/4649 "If I have to go to court"], and in particular the portions on "Coping with the court process", and "Preparing to attend a Supreme Court trial", both under the section on "Trials in Supreme Court".


== Conducting the trial in Supreme Court ==
== Conducting the trial in Supreme Court ==
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* When speaking to a witness, use Mr., Ms., or Dr., followed by their surname, rather than the witness' first name (which is too casual).
* When speaking to a witness, use Mr., Ms., or Dr., followed by their surname, rather than the witness' first name (which is too casual).


For more tips on conducting a trial in Supreme Court, see the Legal Services Society's Family Law website's information page [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court"], under the section "Trials in Supreme Court" and the step-by-step guide "Schedule and prepare for your Supreme Court trial".
For more tips on conducting a trial in Supreme Court, see the Legal Services Society's Family Law website's information page [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court"], under the section "Trials in Supreme Court", and the step-by-step guide "Schedule and prepare for your Supreme Court trial".


=== Costs and disbursements ===
=== Costs and disbursements ===
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* [https://www.bccourts.ca/supreme_court Supreme Court website]
* [https://www.bccourts.ca/supreme_court Supreme Court website]
* [http://www.clicklaw.bc.ca/resource/2268 Justice Education Society website for BC Supreme Court]
* [http://www.clicklaw.bc.ca/resource/2268 Justice Education Society website for BC Supreme Court]
* [https://www.clicklaw.bc.ca/resource/4649 Legal Services Society's Family Law website's information page "If you have to go to court]":
* [https://www.clicklaw.bc.ca/resource/4649 Legal Services Society's Family Law website's information page "If you have to go to court"]
** Under the section "Trials in Supreme Court" see "Coping with the court process", and "Preparing to attend a Supreme Court trial", and the information pages on sample questions to ask your own witnesses and on cross-examination of other witnesses
** Under the section "Trials in Supreme Court" see "Coping with the court process", and "Preparing to attend a Supreme Court trial", and the information pages on sample questions to ask your own witnesses and on cross-examination of other witnesses