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Difference between revisions of "Discovery and Disclosure in Family Law"
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Discovery and Disclosure in Family Law (view source)
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=== Discovery of Documents & Lists of Documents === | === Discovery of Documents & Lists of Documents === | ||
Rule 9-1 of the [http://canlii.ca/ | Rule 9-1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] sets out the entitlement to and requirements for production and inspection of documents in a family law proceeding. It requires each party to prepare a list of documents that are relevant to the matters at issue in the proceeding and to produce and make available to the other party for inspection any such documents still in the party’s possession. | ||
Relevant documents that must be listed (and produced if possible) include: | Relevant documents that must be listed (and produced if possible) include: | ||
:(1) all documents that are, or have been, in that party’s possession or control that could, if available, be used by any party of record at trial to prove or disprove a material fact; or | :(1) all documents that are, or have been, in that party’s possession or control that could, if available, be used by any party of record at trial to prove or disprove a material fact; or | ||
:(2) all other documents to which that party intends to refer to at trial. | :(2) all other documents to which that party intends to refer to at trial. | ||
(see Rule 9-1(1) of the [http://canlii.ca/ | (see Rule 9-1(1) of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]). | ||
A ‘material fact’ is a fact that is directly relevant to the issues in dispute in the family law proceeding. For example, in a family law proceeding where spousal support is at issue, each party’s level of income and monthly expenses are material facts, and each party is required to list and make available documentation to support the amounts they cite for their income and expenses. | A ‘material fact’ is a fact that is directly relevant to the issues in dispute in the family law proceeding. For example, in a family law proceeding where spousal support is at issue, each party’s level of income and monthly expenses are material facts, and each party is required to list and make available documentation to support the amounts they cite for their income and expenses. | ||
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The Rule also requires each party to list not only the documents in that party’s possession or control (in the past or at present) that would assist that party’s case, but also any documents in that party’s possession or control (in the past or at present) that ''would assist the other party’s case'' (i.e.: be detrimental to one’s own case). | The Rule also requires each party to list not only the documents in that party’s possession or control (in the past or at present) that would assist that party’s case, but also any documents in that party’s possession or control (in the past or at present) that ''would assist the other party’s case'' (i.e.: be detrimental to one’s own case). | ||
It is important to understand that the term “document” is not restricted to paper documents. Rule 1-1(1) of the [http://canlii.ca/ | It is important to understand that the term “document” is not restricted to paper documents. Rule 1-1(1) of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] defines “document” as: | ||
<blockquote><tt>'''"document"''' has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device.</tt></blockquote> | <blockquote><tt>'''"document"''' has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device.</tt></blockquote> | ||
