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  #11 (permalink)  
Old 04-03-2013, 09:43 PM
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with regard to admits Form 22 and Info Form 20.....I've sent lots of them and filed them with a 6B (remember it's not serve and file...is serve, do a 6B then file) and a affidavit (form 14) 1)swear, serve it, 6B, file it.....Now instead of confusing everything I'm just basically going to do what Family Law Rules 23 says....make a Trial Record (what I think it is...modified continuing record form. Cut and paste Trial Record in Continuing record spot) and add the Application and Answer...and see if I can file it(I won't serve it till it's rejected by the Court Clerks. They reject everything I file..lol) once I correct my mistakes...I'll serve and file. This is a trial the best way to get evidence,,is questioning ur ex on the stand...and I'm going to try to turn exhibits into evidence at the trial....if I can figure out how to add affidavits from cont. rec I'd love to know..here are my two other problems...filing my written opening statement somewhere I read you do it just before trial I assume 7 days but where? and updating the financial statement but where before trial...the trial record or continuing record for this stuff....sheesht right now K.I.S.S keep it simple stupid applies
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Old 04-03-2013, 09:55 PM
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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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Old 04-03-2013, 10:14 PM
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I have copied the posts here to involveddad75's existing sticky thread on Continuing Records. Thanks to everyone for informative and thoughtful posts.
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Old 04-03-2013, 10:20 PM
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Mess I think I added three more. LOL
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Old 04-03-2013, 10:21 PM
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With regard to changing your pleadings before trial. You can't do this trick if you have a lawyer, or if you are completely changing your pleadings.
For instance you can just before trial add property issues to be dealt with at trial if you haven't already claimed that issue.
You can right before trial file a updated 35.1 (affdiavit in support of access and custody) and in there change from asking for joint to asking for sole, or vis versa

Then when you start trial, simply go in and before anything starts stand up and ask to speak, state that you tried to have your pleadings changed before but weren't able to. You would like permission to change them now, and you don't believe their would be any costs associated with the change since it is only changing your position with regard to an existing issue.
If you judge accepts your golden, if the judge refuses, simply say
"Thank you, your honor I would like it to be on the record that I requested that I be able to change my position on an existing issue. before trial."
Thank you your honor.

While at trial, always protect the record. If you argue with the judge and they don't agree, simply state I would like that on the record that I requested xxxx

Remember if your self represented, they can't give you advice but they have to give you a little move because you are not trained as a lawyer.

At all times frame things as to how it reflects the best interests of the child and if it is procedural frame it around the prime directive.
Again from the family law rules.

PRIMARY OBJECTIVE
(2) The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

DEALING WITH CASES JUSTLY
(3) Dealing with a case justly includes,
(a) ensuring that the procedure is fair to all parties;
(b) saving expense and time;
(c) dealing with the case in ways that are appropriate to its importance and complexity; and
(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).

DUTY TO PROMOTE PRIMARY OBJECTIVE
(4) The court is required to apply these rules to promote the primary objective, and parties and their lawyers are required to help the court to promote the primary objective. O. Reg. 114/99,
r. 2 (4).

DUTY TO MANAGE CASES
(5) The court shall promote the primary objective by active management of cases, which includes,
(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;
(b) encouraging and facilitating use of alternatives to the court process;
(c) helping the parties to settle all or part of the case;
(d) setting timetables or otherwise controlling the progress of the case;
(e) considering whether the likely benefits of taking a step justify the cost;
(f) dealing with as many aspects of the case as possible on the same occasion; and
(g) if appropriate, dealing with the case without parties and their lawyers needing to come to court, on the basis of written documents or by holding a telephone or video conference. O. Reg. 114/99, r. 2 (5).

You can get away with some stuff if you refer to the prime directive.
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Old 04-03-2013, 10:22 PM
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Remember include all financial statement, all orders, all endorsements, all 35.1

This way you can question the other side as to how things have changed during the proceedings and how and why their views have changed. Such as parenting plans.

I would go to Staples and buy the binder dividers they have ones that go up to 50 tabs package 1 is 1-25 package 2 is 26-50

With regard to video and audio, burn it on cd or dvd and place it in the document brief in a cd holder again 4 copies.


When it gets to opening statements you can serve it with the trial management brief, or in the document brief.

When writing the opening statement, start with the closing statement as if you have presented the perfect case, state what you have proved to the courts, or shown the courts or remind the courts what has happened. The use that as a template for the opening statement.
You honor will hear about, I will demonstrate, I plan to show.

opening statement / closing statement should be less than 5 pages and or 5 minutes.
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