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-   -   Book of Evidence (http://www.ottawadivorce.com/forum/f20/book-evidence-9522/)

wretchedotis 06-21-2011 06:02 AM

Book of Evidence
 
Where can I find information on how to make this. What it should look like in form and structure?

SillyMe 06-21-2011 09:10 AM

Nothing to it, nothing formal from the authorities. I used a covere; titled, who its from, Court file #, Volume number. They like to keep each book no thicker then an inch. Table of contents on the inside cover. Numbered tabs. Leave room on the table of contents page because the numbers may change as things become admissible or not. You can expect evidence to get confusing because, it will be entered at differing times from differing places i.e. the police were involved, they brought schit, it was entered into evidence. I had the court assistant provide me a list of evidence at the end of each day. That way, I was able to recall evidence later during trial by keeping this organized on a daily basis. I submitted 5 volumes at the beginning of trial, it was hacked down on the first day. When I resubmitted, each volume was signed a number with reference to the tab during trial. Made for homework on the first day. Arguments for evidence is supposed to happen before trial but, the other side wasn't prepared and...had a lawyer.

Good Luck

fieldgrey 06-23-2011 10:06 PM

The book of evidence is a formal term, but without actual definition except through practice and use.

The evidence book is an accumulation of evidence you wish to refer to at trial. It can be evidence seen before or new evidence. If it is new evidence, expect to take heat if it was subject to a disclosure order beforehand and never revealed. Don't include anything that won't be referred to at trial.

Organize the evidence to make it a) easy to find during trial and b)easy for a justice to navigate in their review. This means: chronological and theme groupings. Every page of evidence should be numbered to make it easy to find fast.

Beyond the evidence itself, each book should have a cover citing Applicant, Respondent and Court House File information and 'book x of y'. You can bind the books with the different types available at Staples.

Finally, after the cover you include a thorough table of contents: tab/page number, document description, document author and date of authoring. I recommend using tab dividers for each 'grouping' of documents.

My evidence books amounted to three volumes totaling 900+ pages with copies sufficient for the parties, the justice and witnesses. It cost me $250 to have them copied and coil bound by Staples. Each volume was about 2" thick.

FG

LondonFather 10-17-2011 07:30 PM

Does this book of evidence have to be submitted to the other party before trial? I am looking to put a book of evidence together and there will be things included that have not been seen in the continuing record.

Do I need to fill out any specific forms, affidavits, serve the book of evidence before hand? etc. Thank you!

WorkingDAD 10-18-2011 12:52 PM

Quote:

Originally Posted by wretchedotis (Post 69431)
Where can I find information on how to make this. What it should look like in form and structure?

I called it document brief. It good idea to serve it before trial so they will not be able to play stupid and say Ooooooooo your honor we need some time to look into it.

Also keep in mind it's just convenient way to work with documents. If other party do not accept brief as whole you can take it apart and introduce one by one.

I faced such possibilities but than we had VOIR DIRE regarding admissibility which I won.

I can show you mine if you want. Just PM me ...

WorkingDAD 10-18-2011 01:03 PM

Quote:

Originally Posted by LondonFather (Post 77501)
Does this book of evidence have to be submitted to the other party before trial? I am looking to put a book of evidence together and there will be things included that have not been seen in the continuing record.

Do I need to fill out any specific forms, affidavits, serve the book of evidence before hand? etc. Thank you!

Just one important note for you from material titled as "Essentials of Trial Preparation".

Quote:

The Trial Record - Rule 23
The trial judge is not provided with the continuing record from the case and will not read the contents of it (i.e., the continuing record is not before the trial judge and is not part of the trial record). The trial judge will be provided with the Trial Record, which is prepared, served and filed by the applicant (Rule 23 (1) and (2}) 30 days before the trial. Rule 23 sets out the documents which must be included in the Trial Record. The respondent can add material to the Trial Record by serving and filing a supplementary Trial Record 7 days before the trial.

CycleDad 10-19-2011 10:12 AM

Hi Otis,

Title page that looks like a court form called "Respondent's Document Brief" or Applicant. Vol number if there is more than one.
Table of Contents regarding what each tab looks like. If you PM me, I can send you a picture of what I was served also.

WorkingDAD 10-19-2011 10:48 AM

Some example...
 
1 Attachment(s)
Here is title page what I used in my trial (word 2010 document (.docx)).

NOTE:
Please remove ".zip" part from the name of the file after you download it. It just to be able to attach word file what is bigger than limits on a forum.

Please note I had column with page numbers (not by handwriting). Yes all my briefs vol#2 and vol#3 was page numbered. Judge loved it :). I was thinking afterwords may that would be better to number it within a tab like tab#-p# (little easier to do and make a change after you printed out something already) but it was late for me. :)

I am not in anyway saying that it perfect and only way to do it. Just an example. Worked for me.

CycleDad 10-19-2011 10:53 AM

Nice,
thank you

CycleDad 10-23-2011 07:23 PM

I'm putting together my Document Brief (AKA Book of Evidence) and I have more emails than I have tabs. Can I group documents together? Staples is closed so my other option is to make homemade tabs with masking tape?

Help.


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