Trial Record - pleadings versus evidence
I am preparing the trial record and am a little confused about what to include in it versus in the "documents brief" or "evidence book."
As I understand it, the Judge at trial is to start with only pleadings, orders and endorsements in the trial record as well as any agreed statements of fact.
The latter part presents an opportunity up to 20 days before trial to request that the court accept as fact a list of statements that, if not contested by the respondent up to 7 days before trial, do not need to be determined at trial.$ Tactically this should be a long list of generally non-contentious facts that the respondent would have to rebut if not agreed.
This suggests that while the Trial Record should include all pertinent motions (pleadings), the supporting affidavits (evidence) should not be included therein.
Is this correct or do the affidavits form part of the pleadings and therefore should be in the Trial Record?
I further think that any affidavits need to be entered either through a request to admit (Form 22) process and/or introduced by leave of the court as an exhibit at trial. This evidence would have to be shared in advance with the Respondent and if chalenged could lead to a voir-dire to determine what evidence would be admitted, correct?
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