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Difference between revisions of "Family Law Trials in Provincial Court"
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Family Law Trials in Provincial Court (view source)
Revision as of 20:20, 28 June 2019
, 20:20, 28 June 2019→Conducting a trial in the Provincial Court
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(a) '''Opening Statement of the Applicant:''' At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting. | (a) '''Opening Statement of the Applicant:''' At the beginning of the trial, the applicant (or applicant’s counsel) usually has the opportunity to tell the court what the case is about and what proof the applicant will be presenting. | ||
(b) '''Applicant’s Presentation of Evidence:''' The applicant (or applicant’s counsel) will then call each of their witnesses, including the applicant him/herself, to testify and to introduce any applicable exhibits into evidence ( | (b) '''Applicant’s Presentation of Evidence:''' The applicant (or applicant’s counsel) will then call each of their witnesses, including the applicant him/herself, to testify, and to introduce any applicable exhibits into evidence (i.e.: documents or objects). The respondent (or respondent’s counsel) will then have the right to cross-examine the witnesses. | ||
(c) '''Opening Statement of the Respondent:''' After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court. | (c) '''Opening Statement of the Respondent:''' After the applicant has finished presenting their witnesses and evidence, the respondent (or respondent’s counsel) is usually entitled to make an opening statement to the court. | ||
(d) '''Respondent’s Presentation of Evidence:''' The respondent (or respondent’s counsel) will then be given the opportunity to call witnesses, including the respondent him/herself, to testify and to introduce any applicable exhibits into evidence. The applicant (or applicant’s counsel) will then have the right to cross-examine them. | (d) '''Respondent’s Presentation of Evidence:''' The respondent (or respondent’s counsel) will then be given the opportunity to call witnesses, including the respondent him/herself, to testify, and to introduce any applicable exhibits into evidence. The applicant (or applicant’s counsel) will then have the right to cross-examine them. | ||
(e) '''Argument:''' After the evidence is complete, both parties (or their lawyers) will have the opportunity to make submissions (arguments) about how the case should be decided. The applicant is given the opportunity to make submissions first, then the respondent, and then the applicant is often given a further opportunity to respond (briefly) to the submissions of the respondent. | (e) '''Argument:''' After the evidence is complete, both parties (or their lawyers) will have the opportunity to make submissions (arguments) about how the case should be decided. The applicant is given the opportunity to make submissions first, then the respondent, and then the applicant is often given a further opportunity to respond (briefly) to the submissions of the respondent. | ||
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* Always arrive early for court (15 minutes early is a good guideline) and return to the courtroom on time after breaks. | * Always arrive early for court (15 minutes early is a good guideline) and return to the courtroom on time after breaks. | ||
* Stand up when the judge enters or leaves the courtroom and when you are speaking to the judge. | * Stand up when the judge enters or leaves the courtroom and when you are speaking to the judge. | ||
* Refer to the judge as “Your | * Refer to the judge as “Your Honour.” | ||
* Always be respectful to the judge and to everyone else in the courtroom, including the court clerk, the sheriff (if any) and the other party and counsel. | * Always be respectful to the judge and to everyone else in the courtroom, including the court clerk, the sheriff (if any), and the other party and counsel. | ||
* When speaking to a witness, use Mr., Ms., or Dr. followed by their surname, rather than the witness’ first name (which is too casual). | * When speaking to a witness, use Mr., Ms., or Dr. followed by their surname, rather than the witness’ first name (which is too casual). | ||
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Costs are generally not payable in Provincial Court. Rather, each party is simply responsible for their legal fees and any out-of-pocket expenses. | Costs are generally not payable in Provincial Court. Rather, each party is simply responsible for their legal fees and any out-of-pocket expenses. | ||
One exception to this rule is for the cost of requiring an expert or a section 211 report writer to attend court to testify. If a judge determines that the report writer or expert’s attendance was unnecessary, the judge can order the party who required the writer or expert’s attendance to pay the reasonable costs of the writer or expert’s attendance (Rule 11(8) of the Provincial Court (Family) Rules). | One exception to this rule is for the cost of requiring an expert or a section 211 report writer to attend court to testify. If a judge determines that the report writer or expert’s attendance was unnecessary, the judge can order the party who required the writer's, or expert’s attendance to pay the reasonable costs of the writer's or expert’s attendance (Rule 11(8) of the Provincial Court (Family) Rules). | ||
==Resources and links== | ==Resources and links== | ||