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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 06-25-2012, 11:07 AM
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Default Trial Brief preparation for Trial

Well unfortunately I'm heading to trial on July 25th and the Judge has requested that I submit a Trial Brief before July 18th. The Judge has said that the Brief needs to include ITR from 2009 to 2011, latest pay stub and an updated Financial Statement....no problem.

My question is the following;
a) I want to also submit evidence in the Brief. Is this in the form of a Case Conference Brief? or form 17E (TMC Brief). How do I submit evidence.

b) I wish to submit my opening statement and a summary of the motions that are being presented. Do I include this in the Trial Brief?

I am at a loss as how to put this Trial Brief together. I searched this forum and didn't find anything. Any advise would be appreciated.

Regards
Fam Law
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Old 06-25-2012, 12:55 PM
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Check here for information.
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Old 06-25-2012, 07:38 PM
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I found the above to be a dead link

try http://www.ottawadivorce.com/forum/f...ts-brief-9544/
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Old 06-25-2012, 10:07 PM
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Incredibly useful information. Thank you very much for the quick response. I do appreciate it.
Fam Law
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Old 06-26-2012, 09:38 AM
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Quote:
Originally Posted by Fam Law View Post
a) I want to also submit evidence in the Brief. Is this in the form of a Case Conference Brief? or form 17E (TMC Brief). How do I submit evidence.
You are better off to make an offer to settle than filing evidence with the brief. Save the evidence for trial or just send it early in your trial documents which will be required for Trial anyways. William Eddy gives excellent guidance on 'evidence' in family law... Bring it forward right away, especially if it demonstrates conduct. You can only hold it to your chest for so long.

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Originally Posted by Fam Law View Post
b) I wish to submit my opening statement and a summary of the motions that are being presented. Do I include this in the Trial Brief?
Again, focus on elements that would narrow the issues for trial and not those that expand them. Also, why would you bring it forward at a TMC. Focus on that which can be settled and save the rest for Trial if you go there.

Focus on settling matters and not adding to them. The TMC judge will really appreciate it and invest a lot of time into twisting the arm of the other party. Demonstrate your ability to settle matters, no matter how "trivial" they seem. The judges hate long drawn out and useless trials.


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Originally Posted by Fam Law View Post
I am at a loss as how to put this Trial Brief together. I searched this forum and didn't find anything. Any advise would be appreciated.
You need to do a TMC brief for a TMC. Follow the brief and provide the facts you will rely upon etc at trial. This doesn't have to be the "evidence" just a statement of facts.
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Old 06-26-2012, 11:00 AM
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Thank you for your input Tayken. Yes, as you can see I am quite confused as to what to include in my Trial Document/Brief. I have already had my TMC and the TMC Judge wrote on the Endorsement that I was to submit a "Trial Brief" (that is the term she wrote) by July 18th (copy to the ex and court clerk). Then she indicated the three tabs to include in the Trial Brief. 1) ITR from 2009 - 2011, 2) updated paystub and 3) Form 13 updated.

I wanted to include additional items such as 'opening statement' and documents to support my position, etc. And I wasn't sure how to do this. Do I just include additional tabs and then speak to them in my trial? Am I allowed to include previous letters sent to the ex as evidence? Also I have copies of the Request to Admits that I have sent to the ex, do I include those in the Trial Brief?

I have given two separate Offers to Settle (both turned down by the ex) and plan to share this with the Judge at Trial when the issue of costs is brought up.

Input appreciated,
Fam Law
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