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

*'''List of Claims:'''  Start by making a list of all of the claims that each of the parties are making in the court proceeding.  The applicant’s claims are listed in the application to obtain or change an order and the respondent’s claims are listed in the counterclaim.  Consider the specifics of each order you want the court to make in relation to each claim (and make notes where appropriate).

*'''Know the Law:'''  Then review the law to figure out what factors the judge will be considering when making their decision, and figure out what you need to prove at trial in order for the judge to consider making (and hopefully make) the orders you are requesting.  Note those factors in your outline so that you remember to address them in the evidence you lead at trial and your eventual argument to the judge.

*'''Consider the Evidence:'''  Then review the evidence you have to prove your case to make sure that you are including all the information the judge needs to know to be persuaded to make the orders you are requesting.  You must also consider the form of the evidence and how you will present it to the judge (i.e.: presenting a document or having a witness testify).

Once you know where there are gaps in your evidence, you can figure out what further evidence you need. It is also useful to make note of where in the outline the evidence fits in and address that in your closing argument.     

You should also consider whether there is any evidence that disproves an aspect of your case and any evidence you know (or even think you know) the other party has to prove their case because these factors should be taken into account when considering settlement options and positions at trial.