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Are Conference Briefs = Pleadings?

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  • Are Conference Briefs = Pleadings?

    Are they considered pleadings? And I am confused as to the idea of Trial Management Conference Brief in relations to the Settlement Conference Brief?

    Is the difference simply "Offers to Settle"?

    The reason I ask is because the ex Trial Management Brief is thick (very thick) compared to mine which is thin.

  • #2
    Case Conference briefs: How to Prepare for a Case Conference in the Superior Court of Justice | The Law Society of Upper Canada

    Trial Management Conference Brief: Trial Management Conferences in Ontario | My Support Calculator

    I'm no expert but it seems like the main difference is the form 17E. That said I've not yet had a trial management conference.

    Comment


    • #3
      Originally posted by ross_toronto View Post
      Case Conference briefs: How to Prepare for a Case Conference in the Superior Court of Justice | The Law Society of Upper Canada

      Trial Management Conference Brief: Trial Management Conferences in Ontario | My Support Calculator

      I'm no expert but it seems like the main difference is the form 17E. That said I've not yet had a trial management conference.

      I have not had a Trial Management Conf. either and the form itself requires a lawyer. lol

      Should I have witnesses? Can my parents be witnesses?

      Comment


      • #4
        Originally posted by OntarioDaddyMan View Post
        Are they considered pleadings?
        No.


        Originally posted by OntarioDaddyMan View Post
        And I am confused as to the idea of Trial Management Conference Brief in relations to the Settlement Conference Brief?
        One is used for a Settlement Conference the other is for a Trial Management Conference.

        Originally posted by OntarioDaddyMan View Post
        Is the difference simply "Offers to Settle"?
        There is no form specifically for an Offer to Settle but, there are templates you can purchase. (Staples sells them.)

        Originally posted by OntarioDaddyMan View Post
        The reason I ask is because the ex Trial Management Brief is thick (very thick) compared to mine which is thin.
        All depends on the issues that need to be addressed. Briefs are supposed to be "brief" generally.

        Comment


        • #5
          Originally posted by OntarioDaddyMan View Post
          I have not had a Trial Management Conf. either and the form itself requires a lawyer. lol
          It doesn't "require" a lawyer. It has a place for a lawyer to sign but, it doesn't require one.

          Originally posted by OntarioDaddyMan View Post
          Should I have witnesses? Can my parents be witnesses?
          Wow, if you are at the point of a TMC and you are asking this question you might want to consider retaining a lawyer.

          Comment


          • #6
            Originally posted by Tayken View Post
            Wow, if you are at the point of a TMC and you are asking this question you might want to consider retaining a lawyer.
            I agree with Tayken!

            That said...

            You should only call witnesses who have information that will help the judge decide your case and is relevant to the orders that you want the judge to make at the trial. You may also call witnesses who have information that goes against the other party’s case.

            ^^^taken from here:
            Representing Yourself at Your Family Law Trial - A Guide | Ontario Court of JusticeOntario Court of Justice

            "Before Your Trial: Getting Ready for Trial

            Your Witnesses

            During the Trial Management Conference, you will discuss your witnesses and their evidence with the trial management judge. At this Conference, you must bring your list of witnesses, what you expect your witnesses to say, and the list of documents that your witnesses will bring with them to trial.

            When you are preparing for trial and you want a family member or a friend to be a witness, you should ask the family member or friend to come with you. If you want to ensure that your family members, friends or other witnesses come to the trial as witnesses, you will have to fill out Form 23: Summons to a Witness. This form must be served on the witness and filed with the court. If you are using Form 23, you must pay your witness for every day that the witness is required in court. You will find the witness fee in rule 23 of the Family Law Rules. The witness fee must be served on the witness along with Form 23: Summons to a Witness.

            You should only call witnesses who have information that will help the judge decide your case and is relevant to the orders that you want the judge to make at the trial. You may also call witnesses who have information that goes against the other party’s case.

            It is important that your witness tells the truth. With some exceptions, the witness can only tell the court about evidence that they know themselves, not what other people have told them.

            You should meet with your witnesses before the trial. You should tell them that they must tell the truth regardless of how the evidence may affect you.

            Tell your witnesses to bring documents that support your case with them. If you use Form 23: Summons to a Witness, you should list the documents that you want the witnesses to bring with them. Bring the original and at least four copies of the documents to court. The original document is the one that should be filed with the court."

            Comment


            • #7
              Tayken answered well, and I provide some further information below.

              Are they considered pleadings?
              Pleadings are your Application, Answer and Reply.

              Trial Management Conference Brief in relations to the Settlement Conference Brief?
              Settlement Conferences are for trying to settle, or identify any final issues.

              Trial Management Conferences are the "hey, you're in trial in a couple weeks. If you can settle now, great, but let's just make sure no one is going to show up for the first day of court with nothing but a box full of tears".

              No later than a month (and preferably much, much earlier) you should have:
              - Prepared comprehensive joint statements of fact and requests to admit;
              - Fully identified every fact and issue that is being contested;
              - Fully identified which of your facts will be proved, which might be, with same for their facts;
              - Know who all of your witnesses will be, what facts they will evidence and whether they have any adverse information;
              - Considered who the other side will call as witness; and
              - Prepared your offer(s) to settle.

              The trial management conference brief also includes a draft of your opening statement. The opening statement is often regarded as the last step in trial preparation - if you don't know the trial inside and out, your opening statement will probably be garbage.

              The TMC brief also forms part of the trial record.

              There is no form specifically for an Offer to Settle but, there are templates you can purchase.
              Divorcemate sets Offer to Settle as a Form 0. In family court, anything that doesn't get a specific form can (generally) be produced from a modified Form 0.

              if you are at the point of a TMC and you are asking this question you might want to consider retaining a lawyer.
              Agreed.

              Comment

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