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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-21-2012, 07:34 PM
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Default Does Admit have to be complete to do trial record

We went to assignment court on Friday and set a combined case management and settlement conference for Feb. 9. We learned that the trial record has to be filed 30 days before trial and that the trial period begins on February 21 meaning we have until Monday to serve and file the trial record.

I have read rule 23 and everything else I can find online and think that I am ready to put together the trial record with the exception of the statement of agreed facts, that is, I expect, very important.

However, getting this part of the record done would require that we follow the process for submitting a Form 22 - request to admit that gives the Respondent 20 days to respond.

Have I just screwed up badly or do I just serve and file the trial record Monday with no agreed statement of facts and serve the admit asap then go to the trial management conference and ask for an adjournment to allow for the admit process to finish. It seems that, as the applicant it is on me to be ready for trial and I fear that the Judge at the trial management conference might not be too pleased with this and the respondent might present it as a delaying or rushing tactic.

Alternately, could I ask the trial management judge for leave to amend the trial record once the 20 days for response to the admit is done?

Any advice appreciated.
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Old 01-21-2012, 08:36 PM
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Default

Quote:
Originally Posted by Randomizer View Post
We went to assignment court on Friday and set a combined case management and settlement conference for Feb. 9. We learned that the trial record has to be filed 30 days before trial and that the trial period begins on February 21 meaning we have until Monday to serve and file the trial record.

I have read rule 23 and everything else I can find online and think that I am ready to put together the trial record with the exception of the statement of agreed facts, that is, I expect, very important.

However, getting this part of the record done would require that we follow the process for submitting a Form 22 - request to admit that gives the Respondent 20 days to respond.

Have I just screwed up badly or do I just serve and file the trial record Monday with no agreed statement of facts and serve the admit asap then go to the trial management conference and ask for an adjournment to allow for the admit process to finish. It seems that, as the applicant it is on me to be ready for trial and I fear that the Judge at the trial management conference might not be too pleased with this and the respondent might present it as a delaying or rushing tactic.

Alternately, could I ask the trial management judge for leave to amend the trial record once the 20 days for response to the admit is done?

Any advice appreciated.
request to admit is not mandatory.
It's good to have as it main purpose to shorten the trial.
My trail records was served late on me - not big deal as I understand from a Judge.

If you can do request to admit do it ASAP. It possible that you can add it to trial record at the beginning of the trial. Also address it to a judge on Trial Management Conf so he will give you some direction.
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Old 01-21-2012, 10:40 PM
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Default Excellent Trial Prep Advice From a Family Law Judge

Answered my own question at:
http://www.cfla.on.ca/cfla/docs/lega...reparation.doc

Tips on Trial Preparation
Honourable Madam Justice Cheryl J. Robertson
Superior Court of Justice, Family Branch

  • 45 days before trial
a. Financial disclosure should have been made, offers to settle have been exchanged, but issues are still not resolved. Make sure you book enough time in your calendar for the trial and trial preparation.
b. Serve a request to admit under r. 22(2), canvassing as many facts as possible. This will bring you into the weeks leading up to the trial with a clear understanding of what you need to establish for your client.
  • 30 days before trial
a. Supplementary trial record: Rule 23(1) sets out what counsel for the applicant must include in the trial record. Rule 23(2) sets out what the respondent must include in their own trial record. Counsel for the applicant does not have to file additional materials on behalf of the respondent. Additional experts’ reports, temporary orders, and updated financial statements must be filed with the court before trial.
b. Know caselaw & prepare brief of authorities: Review all caselaw, including beneficial and detrimental cases. Prepare a brief of authorities with a detailed index organised by area of law. Have a separate file of detrimental cases, and go over them with your client to prepare for cross-examination so that you will know how to distinguish them. Provide a CD with an electronic version of the cases in your brief.
  • 14 days before trial
a. Prepare your client to be a witness: This may be the most time-consuming step. A general rule is to spend twice as much time preparing clients as they will likely spend on the stand. You may even want to bring your client to the court and show them the room. Consider organising your examination in chronological order.
b. Prepare your exhibit briefs: Have your exhibits organised in the order they will be needed during your examination. Print four briefs: one for yourself, one for opposing counsel, one for the judge to mark up without altering the official court file, and one for the witness. You may also want to file loose copies of all the exhibits in chronological order with the court in a separate file. Make sure your client is very familiar with all the documents, as they cannot have a marked copy in the witness box. Serve your exhibit brief at least 7 days before the trial management conference.
c. Prepare to cross-examine the other party: Your client likely does not need to be present, but you may wish to invite them to send you a list of questions they would like to have included.
  • 10 days before trial
a. Although you will likely have already made previous offers to settle, the offer you make just prior to the trial is likely to be more informed on the case law and risks and benefits of proceeding to trial. Prepare your final offer to settle and serve it at least 7 days before the trial. Consider separating the parenting issues from the property issues to avoid going to trial on the parenting issues.
  • 7 days prior to the trial
a. Prepare your opening statement: Draft an opening trial statement and file it with the court several days before the beginning of the trial. In it, you should summarise the evidence you will present and the issues in dispute, including preliminary procedural issues.
b. File any remaining documents: Last minute documents you may need to file include updated financial and net family property statements.

...

1. Prepare and serve Request to Admit (at least 20 days before trial) or Response to Request to Admit (within 20 days of being served with Request to Admit).
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