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Difference between revisions of "Overview of Case Conferences and Discovery in Family Law Matters"
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Overview of Case Conferences and Discovery in Family Law Matters (view source)
Revision as of 17:00, 24 June 2019
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Except as otherwise noted, whether you are in Supreme Court or Provincial Court, the next steps are usually these: | Except as otherwise noted, whether you are in Supreme Court or Provincial Court, the next steps are usually these: | ||
#'''Exchange Financial Statements.''' Financial Statements are required whenever the division of property or the payment of support is at issue. Financial Statements are prepared in Form 8. Financial Statements must be exchanged before the first judicial case conference, and updated statements will be required throughout the case and before trial. These are discussed in more detail further on in this section. | #'''Exchange Financial Statements.''' Financial Statements are required whenever the division of property or the payment of support is at issue. Financial Statements are prepared in Form 8. Financial Statements must be exchanged before the first judicial case conference, and updated statements will be required throughout the case and before trial. These are discussed in more detail further on in this section. | ||
#'''Attend a Case Conference.''' In Supreme Court, parties must attend a ''judicial case conference'' (often referred to as a JCC) and is required to take place before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to talk about areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail further on in this section. In Provincial Court, parties are not required to attend a Family Case Conference (often referred to as an FCC), although judges may order the parties to attend one if guardianship, parenting arrangements or contact with a child are contested. In practice, many judges will order the parties to attend a Family Case Conference if the parties ask to attend one. FCCs are discussed in more detail further in this section. | #'''Attend a Case Conference.''' In Supreme Court, parties must attend a ''judicial case conference'' (often referred to as a JCC) and this is required to take place before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to talk about areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail further on in this section. In Provincial Court, parties are not required to attend a Family Case Conference (often referred to as an FCC), although judges may order the parties to attend one if guardianship, parenting arrangements or contact with a child are contested. In practice, many judges will order the parties to attend a Family Case Conference if the parties ask to attend one. FCCs are discussed in more detail further in this section. | ||
#'''Make interim applications as needed.''' In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them until the claims at issue in the court proceeding are finally determined by settlement or trial. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, the payment of child support and spousal support, protection orders and orders for document production. This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]]. | #'''Make interim applications as needed.''' In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them until the claims at issue in the court proceeding are finally determined by settlement or trial. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, the payment of child support and spousal support, protection orders and orders for document production. This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]]. | ||
#'''Disclose documents and information.''' In the Supreme Court, the rules of court require each party to produce to the other all documents that are relevant to the issues in a court proceeding. Each party must list these documents in a formal List of Documents, and update their List of Documents when new documents are found or become available. Lists of Documents in Supreme Court are discussed in more detail later in this chapter (see [[Discovery Process in a Family Law Matter]]). The Provincial Court Rules do not have comparable requirements, but each party can ask the other to produce financial and other information that is relevant to the matters at issue in the court proceeding. Relevant documents can include things like bank statements, credit card statements, property tax assessments, mortgage documents, report cards, medical records, school reports, and income tax returns. If you think that there are documents necessary to prove your case that the other party is not producing willingly, then you may need to make an interim application to the court (as discussed at point 3 above). | #'''Disclose documents and information.''' In the Supreme Court, the rules of court require each party to produce to the other all documents that are relevant to the issues in a court proceeding. Each party must list these documents in a formal List of Documents, and update their List of Documents when new documents are found or become available. Lists of Documents in Supreme Court are discussed in more detail later in this chapter (see [[Discovery Process in a Family Law Matter]]). The Provincial Court Rules do not have comparable requirements, but each party can ask the other to produce financial and other information that is relevant to the matters at issue in the court proceeding. Relevant documents can include things like bank statements, credit card statements, property tax assessments, mortgage documents, report cards, medical records, school reports, and income tax returns. If you think that there are documents necessary to prove your case that the other party is not producing willingly, then you may need to make an interim application to the court (as discussed at point 3 above). | ||