View Single Post
  #7 (permalink)  
Old 06-04-2011, 06:23 AM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Summoning Witnesses
[47] If you are concerned that any of your witnesses will not show-up at court, you should arrange to serve them with a summons (Form 23). You will need to provide the necessary witness fee in accordance with Rule 23(4). Once called to testify, each witness will take the witness stand and be sworn or affirmed. If the trial judge has made an order excluding witnesses from the courtroom until they testify, you must keep your witnesses out of the courtroom until they have given their evidence (as already stated, you must also not tell them about evidence already given during the trial).
[48] You should not call witnesses unless the evidence they can give the court will assist your case or contradict the opposing party's case.
[49] Always remind your witnesses to bring with them any documents or exhibits they might have relating to the case that you will want to enter into evidence when the witness testifies.
Documents as Evidence
[50] Documents that are admissible as evidence are tendered as exhibits during the trial. In very general terms, a document is admissible if it is relevant to the case and is proven to be genuine, i.e. it is what it appears to be, or it is introduced pursuant to an agreement reached beforehand by the parties. Ordinarily, any document sought to be put into evidence and marked as an exhibit must be identified by a witness under oath. Public records and the like are admissible in accordance with the provisions of the Ontario Evidence Act. You can find this statute on the Ontario E-Laws website: http://www.elaws.gov.on.ca/index.html
[51] You may use as evidence any documents that are admissible either when you testify or when you are questioning a witness who can identify and testify as to the nature of the particular document, for example, that it is a letter the witness received. If there is any dispute about the admissibility of a document, the trial judge will hear submissions and rule on the admissibility of the document. If you propose to present any documents in evidence, please bring the originals, if possible, as well as at least three copies.
[52] If you failed to disclose documents to the other party, refused to answer certain questions during any questioning before trial that was done pursuant to Rule 20, failed to correct answers given on any questioning before trial, or failed to serve an expert report (see "Expert Witnesses" below), you will not be permitted to provide the information refused, the corrections, or the documents or report not disclosed, as evidence in your case unless you are given permission by the trial judge to do so. The failure to disclose evidence before trial could result in a decision of the trial judge to prevent you from calling the evidence, or the trial could be adjourned, or you could be ordered to pay costs.
Reading Opposing Party's Answers into Evidence
[53] Pursuant to Rule 23(13), an answer or information given during or following questioning of a party, pursuant to Rule 20, may be read into evidence at trial if it is otherwise proper evidence, even if the opposing party has already testified at trial.