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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)
Revision as of 05:17, 20 June 2017
, 05:17, 20 June 2017→Pre-trial Examination of Witnesses
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If a party needs information from someone who is not a party to the court proceeding and there is no other way to get the information, that party can apply to the court for an order to allow a pre-trial examination of that witness. Be forewarned that the court may also order that the examining party pay the reasonable lawyer’s costs of the person relating to the court application and the examination. Due to the expense involved in making the court application and paying the witness’ legal fees, in practice this process is rarely used, but it is permissible under Rule 9-4 of the Supreme Court Family Rules. For more information on the process for bringing interim applications, see [[Interim Applications in Family Matters]]. | If a party needs information from someone who is not a party to the court proceeding and there is no other way to get the information, that party can apply to the court for an order to allow a pre-trial examination of that witness. Be forewarned that the court may also order that the examining party pay the reasonable lawyer’s costs of the person relating to the court application and the examination. Due to the expense involved in making the court application and paying the witness’ legal fees, in practice this process is rarely used, but it is permissible under Rule 9-4 of the Supreme Court Family Rules. For more information on the process for bringing interim applications, see [[Interim Applications in Family Matters]]. | ||
Rule 9-4(3) of the Supreme Court Family Rules requires the party making a court application for a pre-trial examination of a witness to present evidence, in the form of an affidavit | Rule 9-4(3) of the Supreme Court Family Rules requires the party making a court application for a pre-trial examination of a witness to present evidence, in the form of an affidavit, which sets out: | ||
<blockquote><tt> | <blockquote><tt> | ||
:(a) the matter in question in the family law case to which the applicant believes that the evidence of the proposed witness may be material, | :(a) the matter in question in the family law case to which the applicant believes that the evidence of the proposed witness may be material, | ||
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Many of the rules that apply to the examinations for discovery also apply to pre-trial examination of witnesses: | Many of the rules that apply to the examinations for discovery also apply to pre-trial examination of witnesses: | ||
Rule 9-2 (11), (15), (17), (18) and (21) to (24) (see Rule 9-4(10) of the Supreme Court Family Rules). | Rule 9-2 (11), (15), (17), (18) and (21) to (24) (see Rule 9-4(10) of the Supreme Court Family Rules). | ||
=== Physical Examination & Inspection === | === Physical Examination & Inspection === | ||