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

* the ''style of cause'' of the court proceeding (the names of the parties and court registry information as set out at the beginning of every filed document);

* the title of the book:  Book of Documents of the Claimant/Respondent (whichever applies); and

You should prepare and bring to court an original and at least three copies of your book of documents (more if there are more than two parties).  The original will used to show to witnesses at trial (if their testimony requires it) and copies will be provided to the judge and each party.  

* Rule 14-7(10) of the Supreme Court Family Rules which requires that all ''plans, photographs or objects'' for use as evidence at trial must be available for inspection by the other party at least 7 days before the start of the trial (unless the court orders or the parties agree otherwise).  That means that you can’t leave it to the last minute to figure out whether you will introduce these types of evidence at trial.   

* Rule 14-7(8) of the Supreme Court Family Rules which entitles either party to require the other party to bring to the trial any document listed in the other party’s list of documents by service a notice in [[Form F47 Notice to Produce|Form F47]] on the other party at least 2 days before trial.  

Witnesses are generally not allowed to testify about their opinions, although there are exceptions to this general rule. One notable exception:  a lay person is allowed to provide an opinion based upon personal observation of something that is commonly known (such as coming to the conclusion that it was raining outside because everyone who came inside was soaking wet).  A second notable exception:  an expert witness is allowed to provide an opinion based upon their specialized education, training, skills, certification or experience.   

You will need to contact each witness to ask them to testify.  If they won’t agree to testify or you are otherwise uncertain as to whether they will show up, then you will need to issue a subpoena to require them to testify.  A subpoena is in [[Form F23 Subpoena to Witness|Form F23]] and needs to be served personally on the witness at least 7 days before trial, along with the required witness fees which are set out in [https://www.canlii.org/en/bc/laws/regu/bc-reg-169-2009/latest/part-7/bc-reg-169-2009-part-7.html Appendix C] – Schedule 3 (Fees Payable to Witnesses) of the Supreme Court Family Rules (Rule 14-7(32) & (34) of the Supreme Court Family Rules).