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

There is no specific rule as to what parties need to bring to the trial preparation conference, but each party should:  

*prepare a summary of the issues and that party’s position about each issue, and

*be aware of the evidence that party intends to use at trial, including:  

**the documents (including expert reports, if any) that party intends to rely upon at trial, and  

**the witnesses (names and contact information) that party intends to call at trial, and a time estimate for each witness’ testimony.  

At the trial preparation conference, the judge may do one or more of the following (see Rule 8(4) of the Provincial Court (Family) Rules):

(b) order a party to serve on the other parties a written summary of the proposed evidence of a witness within a set time;

(c) if the judge determines that there are any pending applications relating to the case that have not yet been heard, order that those applications be heard at the trial preparation conference or be brought and heard within a set time;

(d) order the parties to file a statement of agreed facts, within a set time;

(e) discuss evidence that will be required and the procedure that will be followed at the trial;

(f) order a party to bring to trial a record, specified in the order, that is or has been in the party's possession or control or, if not in the party's possession or control, is within that party's power;

(g) grant permission to a party to submit evidence by affidavit at the trial, in accordance with rule 13 (concerning affidavits) and with any directions given by the judge presiding at the trial preparation conference;

(h) estimate the time required for a trial;

(i) set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;

(j) make any order or give any direction that the judge considers appropriate.

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