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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 01-28-2018, 05:57 PM
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plainNamedDad44 plainNamedDad44 is offline
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Default Headed to Trial - Specifying witnesses on Trial Scheduling Endorsement Form

Hello ODF community...

I am slowly getting through matters and want to thank you all again for your invaluable input. You know who you are.

I am now filling out the 'Trial Scheduling Endorsement Form', which must include a list of witnesses.

Questions:

1. Can I call upon the lawyer for the OCL as a witness ? The matters of the children are settled (resoundingly in my favor) but the lawyer knows first hand about STBX's serious mala fides (bad faith) in the matter. I would like her testimony in as far as establishing STBX's bad character.

2. Some of my witnesses are out of town. While they have provided affidavits, would the courts allow arrangements for examination by video link ?

3. What if some of these witnesses don't want to go to the trouble of being witnesses beyond having provided an affidavit ?

4. What if witnesses don't want to get involved at all ? Can they be compelled ?


As always thank you.
PND

Last edited by plainNamedDad44; 01-28-2018 at 06:13 PM.
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Old 01-28-2018, 07:15 PM
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plainNamedDad44 plainNamedDad44 is offline
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Also, If I would like to cross examine STBX, I list her as a witness on this form ?


thx
PND
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Old 01-30-2018, 12:21 AM
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Quote:
Originally Posted by plainNamedDad44 View Post
Also, If I would like to cross examine STBX, I list her as a witness on this form ?


thx
PND


This form has to be agreed by both party before it is filed with the Court. Normally, the party who is represented will have their lawyer filing this form. Since my STBX Lawyer was filing with the Court, I asked him to fill his part first then submit to me. I did my part then initialised all pages to make sure it would get filed with the appropriate version. Once signed by all parties, I requested him to email me a copy which he did.


When you look at the people listed as witnesses on their side, you should see that your ex is on the list. Automatically, when a lawyer examine his client, the other side gets to cross-examine. And be aware of the rules in examination. You get to ask general question to your witness but leading questions during cross-examination. Meaning that you try to ask questions where you know the answers (to support your arguments) and in a way they answer only "your right answer" by a simple word (yes or no). Remember, you lead the witness during that time, you lead the Court during that time.
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Old 01-30-2018, 12:37 AM
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Quote:
Originally Posted by plainNamedDad44 View Post
Hello ODF community...

I am slowly getting through matters and want to thank you all again for your invaluable input. You know who you are.

I am now filling out the 'Trial Scheduling Endorsement Form', which must include a list of witnesses.

Questions:

1. Can I call upon the lawyer for the OCL as a witness ? The matters of the children are settled (resoundingly in my favor) but the lawyer knows first hand about STBX's serious mala fides (bad faith) in the matter. I would like her testimony in as far as establishing STBX's bad character.

2. Some of my witnesses are out of town. While they have provided affidavits, would the courts allow arrangements for examination by video link ?

3. What if some of these witnesses don't want to go to the trouble of being witnesses beyond having provided an affidavit ?

4. What if witnesses don't want to get involved at all ? Can they be compelled ?


As always thank you.
PND

You can ask anybody you want as a witness. Even if they tell you they don't want to. If you really need someone to be examine in Court, just serve that person with form 23 with the check $$ look in rule 23 for the fees to disbursed to witness (or 23A if outside of Ontario, or 23B if incarcerated in jail) Keep a copy with you along with the affidavit of service. Don't need to file, just keep with your record for trial as a proof.


For trial, keep a copy of all form 6B for serving any documents, especially to the other party. My ex's lawyer liked to play the game "Your Honour, I don't recall receiving this from Mr. Respondent." Oh, here your Honour, I just find the form 6B showing that I did served the Scum Bag on XX date.
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