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Old 04-03-2013, 08:55 PM
involveddad75 involveddad75 is offline
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If you are in toronto there is a really great resource called Fathers Resource and a support group you can go to every wednesday.

A trail record is easy to make up.
From the family Law Rules in Ontario
RULE 23: EVIDENCE AND TRIAL
TRIAL RECORD
23. (1) At least 30 days before the start of the trial, the applicant shall serve and file a trial record containing a table of contents and the following documents:

1. The application, answer and reply, if any.
2. Any agreed statement of facts.
3. If relevant to an issue at trial, financial statements and net family property statements by all parties, completed not more than 30 days before the record is served.
3.1 If the trial involves a claim for custody of or access to a child, the applicable
documents referred to in Rule 35.1.
4. Any assessment report ordered by the court or obtained by consent of the parties.
5. Any temporary order relating to a matter still in dispute.
6. Any order relating to the trial.
7. The relevant parts of any transcript on which the party intends to rely at trial.
8. Revoked: O. Reg. 6/10, s. 8 (2).
O. Reg. 114/99, r. 23 (1); O. Reg. 202/01, s. 6 (1, 2); O. Reg. 6/10, s. 8 (1, 2).

RESPONDENT MAY ADD TO TRIAL RECORD
(2) Not later than seven days before the start of the trial, a respondent may serve, file and add to the trial record any document referred to in subrule (1) that is not already in the trial record. O. Reg. 114/99, r. 23 (2).

So as you can see the trial record is easy to create.

Now if you need to add to the evidence you can do it 2 ways that I know of.
You can file and serve a Document Brief of Evidence
Mine was over 1000 pages. each document needs it's own tab.

If you are submitting a large document that has no page numbers, such as the OCL's notes from their assessment, I would put all under the same tab and use Bates numbering to number the pages so that you can direct the judge and the assessor to the correct page.

I believe I had over 40 tabs

You simply need to serve it on the other side when you file your trial record.

With regard to financial statements, in the trial record, put in every one that was served so that you can compare them and find inaccuracies.

Affidavits go into the document brief or by themselves by adding them to the evidence at trial.
Note each document in your brief will need to be added as evidence at trial. And at that time will be given a evidence number.

Now to swear the document brief, you can simply file the brief as a affidavit with the entire document brief as a appendix sworn to be true.
In my 12 day trial I didn't need to do this, as the clarks side it didn't need to be sworn to be put before the judge.

You need copies of everything you bring to trial.
one for yourself, for the other side, for the judge for him to make personal notes on, one for the witness and that one gets filed with the courts.
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