Adding the Evidence for Trial

[Self-Represented]

My trial is coming shortly and I’ve been served Trial Record. The question I have is: How to add various evidence which I want to use during trial. I need to present following kind of documents:

1. Previously filed and served by (either party) Court Documents: For example Multiple Financial Statements and Affidavits – whole or excerpts.

2. Exhibits (notarized and served) and attached to either party’s affidavits.

3. Documents used for Financial Disclosure by either party. Not filed with courts but sent directly to the opposing party.

4. Any other new documents – Not Filed and Not Served.

I didn’t find this info in family law rules. I would appreciate if anybody with trial experience as self-represented or with a lawyer could give me a hint on the above dilemma.

[lorlaman]

Hi self represented,
I certainly cannot help you but I truly would like to know exactly the same answers to your questions.
How / who decided that your case be brought to trial? I want to take my case to trial and self represent, just don't know how to go from a motion to a trial.

[Self-Represented]

Hi Lorlaman,
As far as I know applicant has to initiate trial proceedings - so it matters if you are applicant or respondent. In my case (I'm the respondent) I pushed for trial and applicant resisted - so I just scheduled (served/filed) Trial Management Conference. I managed to convinced the Judge that after two years is time for a trial, as no prospect of amicable solution exists (applicant refused to make equalization payment). In the Conference Brief you have to say that you want this matter to be set for trial by certain date. Opposing party will most likely "oppose" as hard as they can, so be prepared for the most peculiar arguments on why the trial is not the best way. In any case insist on the firm date even if there are other orders like for example disclosure asked for by the other party. If they ask for yet another disclosure (I went through three) ask for the same and insist on cut off date for disclosure and again a date to set matters to trial. If at first you don't succeed - try again and again, ...
SR

[lorlaman]

Thanks for the info S-R!
I am not the applicant in the past motions, but I do want to bring a motion to court and become the applicant at that point. Can I do this and submit a trial conference brief? Does it work this way?

[Self-Represented]

Being an applicant or respondent doesn't change no matter what you do after initial filing. If you filed application than you are an applicant, if you responded than you are the respondent for the rest of the process - no matter how long it takes.
No matter what you role you can always bring a motion. Almost always. Do not bring a motion if there is an order which you did not comply with or anything you were supposed to do and you didn't, like provide disclosure or any documents you were ordered to. If you do opposing party will bring this to the Jude's attention and Judges don't like people who do not comply with the orders. So make sure you are clear and than bring the motion. You will be called the moving party (but still the respondent). Read Family Law Rules it will tell you what forms you need to fill out serve and file and the timing.
SR

[lorlaman]

Thank you so much for your info and your advice SR!!!!!
I have completed all the issues in the past motions, she has not. I will be sure to point out her deficiencies.