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-   -   What do you do if party refuses to answer question(s) during questioning? (http://www.ottawadivorce.com/forum/f3/what-do-you-do-if-party-refuses-answer-question-s-during-questioning-20997/)

plainNamedDad44 05-04-2017 02:48 PM

What do you do if party refuses to answer question(s) during questioning?
 
Hi, me and STBX's counsel just went through an iteration of questioning, just got the transcripts.

She refused to answer several questions. What now ?

Tayken 05-04-2017 04:34 PM

Then, the judge takes the negative inference. Surprised her lawyer would let her simply not answer a question like that. Wow.

OrleansLawyer 05-04-2017 07:08 PM

Quote:

She refused to answer several questions. What now ?
This is addressed in the family law rules. Specifically:

Quote:

REFUSAL TO ANSWER QUESTION

(19) If a person being questioned refuses to answer a question,

(a) the court may, on motion,

(i) decide whether the question is proper,

(ii) give directions for the person’s return to the questioning, and

(iii) make a contempt order against the person; and

(b) if the person is a party or is questioned on behalf or in place of a party, the party shall not use the information that was refused as evidence in the case, unless the court gives permission under subrule (20). O. Reg. 114/99, r. 20 (19).
Citation: https://www.canlii.org/en/on/laws/re...#sec20subsec19

Thus, your next step is to bring a motion to have a judge determine if the questions are appropriate and to have the other side either answer them at questioning or be found in contempt for failing to answer them.

Quote:

Surprised her lawyer would let her simply not answer a question like that. Wow.
It depends on the question. If it isn't relevant to the case (ie, the question is not appropriate) then the other side can rightly refuse to answer.

WorkingDAD 05-06-2017 10:49 PM

Quote:

Originally Posted by OrleansLawyer (Post 220210)
This is addressed in the family law rules. Specifically:



Citation: https://www.canlii.org/en/on/laws/re...#sec20subsec19

Thus, your next step is to bring a motion to have a judge determine if the questions are appropriate and to have the other side either answer them at questioning or be found in contempt for failing to answer them.



It depends on the question. If it isn't relevant to the case (ie, the question is not appropriate) then the other side can rightly refuse to answer.

depends on a question and what is lawyer's plan. If he/she is looking to make another couple grand by bringing a motion is one thing... but realistically lawyer can not force her to answer. I have to bring a motion so judge ordered to answer and fulfill undertaking but it still did not happen. But was it fun during cross-examination during the trial or what :)

plainNamedDad44 05-07-2017 07:38 PM

thank you all.


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