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Difference between revisions of "Family Law Trials in Supreme Court"
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Family Law Trials in Supreme Court (view source)
Revision as of 18:04, 28 June 2019
, 18:04, 28 June 2019→Testifying in person
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#Mileage: | #Mileage: | ||
#:(a) If the party being examined lives within 200 km by road (including any ferry route and road tolls), currently $.30 per km each way by road between their residence and the place of the examination (but no payment if the distance is less than 8 km); or | #:(a) If the party being examined lives within 200 km by road (including any ferry route and road tolls), currently $.30 per km each way by road between their residence and the place of the examination (but no payment if the distance is less than 8 km); or | ||
#:(b) If the party being examined lives more than 200 km away, the minimum return air fare by scheduled airline plus $.30 per km | #:(b) If the party being examined lives more than 200 km away, the minimum return air fare by scheduled airline plus $.30 per km each way from their residence to the departure airport and from the arrival airport to the place of the examination. | ||
#Reasonable allowance for meal expenses and if the witness isn’t local and has to stay the night, a reasonable allowance for overnight accommodation. To figure out what is reasonable, call a few decent hotels in your area and consider including that information in a cover letter to the witness. | #Reasonable allowance for meal expenses and, if the witness isn’t local and has to stay the night, a reasonable allowance for overnight accommodation. To figure out what is reasonable, call a few decent hotels in your area and consider including that information in a cover letter to the witness. | ||
#Reasonable payment for the witness’ time and any expenses the witness incurred to prepare to give evidence (if the preparation is necessary). Basically you have to pay your witness their reasonable wage for missing work to testify. | #Reasonable payment for the witness’ time and any expenses the witness incurred to prepare to give evidence (if the preparation is necessary). Basically you have to pay your witness their reasonable wage for missing work to testify. | ||
If the witness then fails to show up at the trial, the witness can be charged with contempt of court (see Rule 14-7 (38) of the Supreme Court Family Rules). | If the witness then fails to show up at the trial, the witness can be charged with contempt of court (see Rule 14-7(38) of the Supreme Court Family Rules). | ||
For each witness, prepare a list of the issues that you need them to speak about in their testimony. Then make a list of questions to ask and review with them before trial. For each witness, you will likely want to start with basic questions such as their full name, address, age and occupation, their education if relevant, and their relationship to the parties, and then move on to the focused areas of inquiry. | For each witness, prepare a list of the issues that you need them to speak about in their testimony. Then make a list of questions to ask and review with them before trial. For each witness, you will likely want to start with basic questions such as their full name, address, age and occupation, their education if relevant, and their relationship to the parties, and then move on to the focused areas of inquiry. | ||
You can only ask your witnesses open ended questions, meaning questions that do not suggest the answers (those types of questions are limited to cross examination of the other party’s witnesses). | You can only ask your witnesses open ended questions, meaning questions that do not suggest the answers (those types of questions are limited to cross examination of the other party’s witnesses). | ||
=== Use of pre-trial examination or deposition === | === Use of pre-trial examination or deposition === | ||