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

# '''Prepare Book of Authorities.'''  This is a bound volume of the law that you intend to rely on at trial and should include copies of any statutes, regulations and case law (which are collectively called ''authorities'') you intend to rely on at trial.  Each authority should be placed behind a separate tab and an index listing each authority and its corresponding tab for easy reference during the trial.  You will need to make enough copies for the judge, yourself and every other party (or their lawyer if they have one).   

# '''Prepare an opening statement:'''  This is a statement that is made at the beginning of each party’s case to give the judge some factual background about the case, an overview of the legal issues involved and the positions taken/orders sought by that party.  If the parties have reached agreement on any issues, this should be communicated to the judge during a party’s opening statement.  If there are housekeeping issues (such as an expert witness only be available to testify on a specific date), such issues should be raised at this time as well.  A party’s opening statement should be consistent with a party’s closing argument.  

# '''Consider preparing a chronology:''' Each party should also consider preparing a chronology of important events such as the birth dates of each party and child, the date of cohabitation, the date of marriage, the date of separation, the date of divorce (if applicable), and the dates of any other significant events such as moves, job changes, promotions, inheritances, gifts, diagnoses etc. for easy reference by the judge at trial.  If you do prepare a chronology, be sure to bring copies for the judge, the other party (or their lawyer) and yourself.

# '''Consider preparing a Scott Schedule:'''  If either party has a lawyer and division of property and debt is in dispute, then the lawyer will also prepare a ''Scott Schedule''.  A Scott Schedule is a spreadsheet that lists all of the property and debt in issue, the value of each at various dates, and other useful information such as whether there are excluded property claims, that party’s position about what should happen with each property and debt and the like.  There is no requirement in the Supreme Court Family Rules that a Scott Schedule be prepared, but it is a useful reference tool at trial.  If one party has a lawyer who prepares a Scott Schedule, the other party can review it carefully and make note of where that party disagrees with the information provided.  If neither party have a lawyer and neither party prepares a Scott Schedule, the judge will likely use the parties’ financial statements as the main reference for financial information about property and debts.

#* List of witnesses (with contact information for each) and anticipated trial plan/schedule (which is really just a best guess as to when each witness will testify and for how long)

#* Page to list exhibits as they are entered at trial – this will be an important reference during the trial and when you are preparing your final argument

#* Chronology &/or Scott Schedule, if either/both have been prepared

#* Opening statement

#* Direct examination of each witness that party intends to call (with each examination behind a separate tab)

#* Cross examination of each witness the other party intends to call (with each examination behind a separate tab)

#* List of read-ins (from examination for discovery, pre-trial examinations of witnesses or depositions, if any)

#* Final argument/closing submissions

#* Miscellaneous notes/to do list – sometimes during a trial a judge will ask a party to do something during a court break or a party thinks of another idea to explore.  It is helpful to have a place to list such miscellaneous items and thoughts that come up during trial in order to stay organized.

#**Consider watching a trial as observation of the real thing is often the best education.  Trials are open to the public and are generally in session from 10 am to 12:30 pm and from 2:00 to 4:00 pm each day.

#*Engage in self-care leading up to trial, including ensuring that you get enough sleep, that you are eating healthily and getting regular exercise, and that you have the emotional support that you need to help you through this process (ie: family, friend, counsellor).

#**[https://familylaw.lss.bc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/preparing-attend-supreme-court-trial Preparing to attend Supreme Court]