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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
Revision as of 18:25, 8 June 2017
, 18:25, 8 June 2017Changing Form reference. Making note that leave applications are before 1 judge
Mark Norton (talk | contribs) (taking out reference that a Master is like Prov. Court judge - not the case.) |
Mark Norton (talk | contribs) (Changing Form reference. Making note that leave applications are before 1 judge) |
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If you are involved in a proceeding before the Court of Appeal, you must read the ''[http://canlii.ca/t/84h4 Court of Appeal Act]'' and the Court of Appeal's [http://canlii.ca/t/85bg Rules of Court]. The act and the rules govern every aspect of an appeal, from starting an appeal to the size and colour of paper to use for court documents. They set out important deadlines and limitations, and say what court forms must be used for which purpose. You also need to have a look at the [http://www.courts.gov.bc.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Practice Directives] issued by the Chief Justice, which clarify aspects of the rules of court and describe additional processes and procedures. | If you are involved in a proceeding before the Court of Appeal, you must read the ''[http://canlii.ca/t/84h4 Court of Appeal Act]'' and the Court of Appeal's [http://canlii.ca/t/85bg Rules of Court]. The act and the rules govern every aspect of an appeal, from starting an appeal to the size and colour of paper to use for court documents. They set out important deadlines and limitations, and say what court forms must be used for which purpose. You also need to have a look at the [http://www.courts.gov.bc.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Practice Directives] issued by the Chief Justice, which clarify aspects of the rules of court and describe additional processes and procedures. | ||
While it is possible to represent yourself in the Court of Appeal, the court requires strict compliance with its rules and the assistance of a lawyer is highly recommended. | While it is possible to represent yourself in the Court of Appeal, the court requires '''strict compliance''' with its rules and the assistance of a lawyer is highly recommended. | ||
====Procedure==== | ====Procedure==== | ||
Appeals are started by filing in court a Notice of Appeal | Appeals are started by filing in court a Notice of Appeal (Court of Appeal Forms - Form 7) or, depending on the circumstances, a Notice of Application for Leave to Appeal (Form 1), and must be started within 30 days of the order appealed from. The person who starts an appeal is the ''appellant'', the other parties are ''respondents''. The appellant must serve the Notice of Appeal on all respondents. After being served, a respondent has 15 days to file a Notice of Cross Appeal (Form 8); this is only necessary if the respondent also wants to appeal the Supreme Court's order. | ||
Interim applications, applications for temporary orders, can be made by filing a Notice of Motion | Interim applications, applications for temporary orders, can be made by filing a Notice of Motion (Form 6) and serving the Notice on the other parties. Applications are rarely necessary, but when they are, the rules say they must be completed within 30 minutes. | ||
All appeals are based on the evidence before the judge who made the original decision. Before an appeal can be heard, the appellant must get transcripts of all of the oral evidence heard at trial, prepare a book with all of the documents used as evidence at trial, and prepare a book with all of the pleadings filed in the Supreme Court proceeding. (Transcripts in particular are hideously expensive to obtain.) Each side must also prepare a written argument, called a ''factum'', as well as books containing all the statute law and case law he or she will be relying on in arguing the appeal. The court registry is very particular about how these materials are prepared; read the [http://canlii.ca/t/85bg Court of Appeal Rules] very carefully! | All appeals are based on the evidence before the judge who made the original decision. Before an appeal can be heard, the appellant must get transcripts of all of the oral evidence heard at trial, prepare a book with all of the documents used as evidence at trial, and prepare a book with all of the pleadings filed in the Supreme Court proceeding. (Transcripts in particular are hideously expensive to obtain.) Each side must also prepare a written argument, called a ''factum'', as well as books containing all the statute law and case law he or she will be relying on in arguing the appeal. The court registry is very particular about how these materials are prepared; read the [http://canlii.ca/t/85bg Court of Appeal Rules] very carefully! | ||
Appeals are heard by a panel of three judges; when a legal issue is particularly important, the appeal may be heard by a panel of five judges. The panel reaches its decision after reading through the parties' factums, hearing the parties' oral arguments, and considering the law that applies to the issues. The decision of the panel is the decision of a majority of the judges; the judge or judges who disagree with the majority decision are said to ''dissent''. | Appeals are heard by a panel of three judges; when a legal issue is particularly important, the appeal may be heard by a panel of five judges. Applications for leave are heard before one judge. The panel reaches its decision after reading through the parties' factums, hearing the parties' oral arguments, and considering the law that applies to the issues. The decision of the panel is the decision of a majority of the judges; the judge or judges who disagree with the majority decision are said to ''dissent''. | ||
====Addressing the court==== | ====Addressing the court==== | ||