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Difference between revisions of "Interim Applications in Family Matters"
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Interim Applications in Family Matters (view source)
Revision as of 17:21, 19 May 2013
, 17:21, 19 May 2013→The hearing
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===The hearing=== | ===The hearing=== | ||
On the date set for hearing, show up at court at the appointed time. | On the date set for hearing, show up at court at the appointed time. It's especially important for the respondent to attend court because of Rule 12(4), which says that if a respondent doesn't come to court on the date set for the hearing of an interim application, the court may hear the application in the respondent's absence and make the order requested by the applicant. | ||
Let the court clerk know which matter you are involved with and what your name is. When your case is called by the clerk, walk up and stand to | Let the court clerk know which matter you are involved with and what your name is. When your case is called by the clerk, walk up and stand to either side of the centre podium. The judge will ask you to identify yourself and will ask the applicant what his or her application is all about. | ||
The applicant will make his or her case, and will have the opportunity to call evidence. Most evidence is given orally, on oath or affirmation, rather than in affidavit format. Affidavits can be used, but for some reason this is rarely the case. Most judges would prefer to have an affidavit, and if you can prepare one, you should. The respondent will have a chance to challenge the applicant's witnesses and cross-examine them, or may make an affidavit in reply to the applicant's affidavit. | |||
Once the applicant's case is done, the respondent may present his or her own case, and call witnesses to give evidence just the way the applicant did. Likewise, the applicant will be able to cross-examine the respondent's witnesses. | Once the applicant's case is done, the respondent may present his or her own case, and call witnesses to give evidence just the way the applicant did. Likewise, the applicant will be able to cross-examine the respondent's witnesses. | ||
After the evidence from both sides has been given, the applicant will have the opportunity to summarize his or her case and argue why the judge should make the order asked for. The respondent will be able to reply to the applicant's argument, after which the applicant may have the opportunity to make a reply to the respondent's reply. | |||
Once everyone is done, the judge will give his or her judgment on the application. The judge may give his or her decision right away, or the judge may need to think about things for awhile. This is called a ''reserved judgment'', and the judge will usually give his or her decision in a written form later. | |||
Remember to stand whenever the judge speaks to you, if you can stand. A discussion of courtroom eitquette and protocol is available in the ''How Do I?'' part of this resource under ''Courtroom Protocol''. You may wish to <span class="noglossary">review</span> [[How Do I Conduct Myself in Court at an Application?]] | |||
===After the hearing=== | ===After the hearing=== | ||