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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #21 (permalink)  
Old 08-02-2010, 10:32 AM
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hiya... i havent been aqround lately...
i'm facing trail very soon myself, and have taken your link mess. I'm sure I have it already anyways. but reading it over agin right now...

I'm curious how you went about discovery.
riverbag if u can fill me in on how exactly you aqcccomplished this?
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Old 08-02-2010, 12:09 PM
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The Discoveries process is a simple one from my perspective. You find out where to get it done from the courthouse and arrange with the other lawyer when to do the discoveries, prepare your questions and book the time then ask your questions. Be prepared for the other side to ask ANYTHING and keep our calm. Mine went exceptionally well because I was prepared and my claim hasn't changed....and she gave me plenty of evidence to pursue in the discoveries.
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Old 08-02-2010, 03:27 PM
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i can't say I follow...
you were given a trial sitting date? Or an actual trial date?

Having trouble wrapping my head around how Im supposed to meet deadlines and such when apparently trial can occur within 3 weeks following my sitting date. And then I'm told I could be given a trial date with no less that 24 hours?

How can one call witnesses to an unkown date, for example?
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Old 08-02-2010, 05:39 PM
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Now it is I that cannot follow, I don't recognize the term "sitting date", so I'll go by my situation. We were given a date in assignment court where we selected a trial date. It is an actual date for trial. Once that date was set, I scheduled discoveries, which is questioning of the applicant and respondent, or at least it was in my case. the proceedings were recorded and transcribed and will accompany my trial record which is to be filed 30 days before trial....then you submit witness lists etc to the other party and voila...you have a trial I hope this helps and don't base your case on my info, I'm not a lawyer, but I play one in real life
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Old 11-29-2010, 11:12 AM
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Quote:
Originally Posted by riverbag View Post
Now it is I that cannot follow, I don't recognize the term "sitting date", so I'll go by my situation. We were given a date in assignment court where we selected a trial date. It is an actual date for trial. Once that date was set, I scheduled discoveries, which is questioning of the applicant and respondent, or at least it was in my case. the proceedings were recorded and transcribed and will accompany my trial record which is to be filed 30 days before trial....then you submit witness lists etc to the other party and voila...you have a trial I hope this helps and don't base your case on my info, I'm not a lawyer, but I play one in real life
In Hamilton court, you are not given a trial date but a trial time range that you can be called upon on even less than 24 hours notice. They call this a "trial sitting". Maybe this only happens in Hamilton. I also am confused about sceduling whitnesses and meeting filing timelines when you only know the actual trial date 24 hours before it happens. I can only guess prehaps the trial sitting date needs to be treated like the trial date for filing paperwork. For whitnesses who knows?

CD

Last edited by CycleDad; 11-29-2010 at 11:13 AM. Reason: typos and more typos
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Old 11-03-2011, 02:36 PM
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Just wanted to add that whitnesses are not given to much notice during a trial. We do our best but sometimes they only have half a day, perhaps one day's notice.
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