View Full Version : A final guide: Organizing your continuing record

03-18-2013, 11:43 PM
Ok so people have asked me for this information and I share here as a discussion on this topic.
Lets not talk about other issues here simply how to organize your continuing record.
See my guide attached if you like what I've written then please add to my reputation.

Thats it for now.

03-19-2013, 09:24 AM
I'd also add back up your data.....

03-19-2013, 10:02 AM
(2) Is it possible to add exhibits to already submitted court filed papers that has one exhibit in it?

No it is not oink. You can do one of two things. Keep a list/table of exhibits you've already entered under what affidavit/motion/tab etc. You can then cross reference back to that exhibit in later documents. Judges might not like to have to thumb backwards though. A better way about it (and I saw my lawyer do this) is put in the document as a new exhibit with the added documentation. Even though you're not supposed to put in exhibits already in the continueing record I think it is overlooked to save time in whatever motion is at hand.

As well you can have a number of different documents as a single exhibit. You'd have a blank paper listed as exhibit "A" with several medical records for example. You could list the documents on the first page so the judge knows what he is looking at. Only the First page would need to be notorized as well saving time.

03-19-2013, 10:10 AM
Court is like poker, don't tell the other side what you have until you have to.
Keep your cards close.

03-19-2013, 10:12 AM
I do however have some "new exhibits", which will further add credit to my stance, and will just like to know when next I can get a chance to hand them all into the continued record?

The case conference is without prejudice. You WILL NOT enter any evidence at a conference. Hence, unless there are orders on consent at the conference, the Conference documentation doesn't for part of the contueing record. You will use your evidence in motions to support your position of your motion/pleading. Don't forget you don't know what is going to come out of the mouths of the "other side". People/lawyers aren't always honest and frank in the courts.

Short answer: to get your evidence into the continueing record, you have to first file for a motion. What would be the purpose of entering evidence where not motion is at hand?

03-19-2013, 10:48 AM
The case conference is without prejudice.
This is not correct. Only the settlement conference is without prejudice.

Settlement discussions at the case conference should not be brought up later, however.


(23) No brief or evidence prepared for a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,
(a) an agreement reached at a settlement conference; or
(b) an order. O. Reg. 114/99, r. 17 (23).

03-19-2013, 10:54 AM
The case conference brief would form part of the continueing record only if orders are made on consent. That is my understanding anyways.... Family Law Rule

(22) (http://www.e-laws.gov.on.ca/html/regs/french/elaws_regs_990114_f.htm#s17s22) Case conference briefs do not form part of the continuing record unless the court orders otherwise and shall be returned at the end of the conference to the parties who filed them or be destroyed by court staff immediately after the conference. O. Reg. 89/04, s. 8 (5).

That was my overall point with not putting in evidence within a Case Conference brief.

04-02-2013, 10:14 PM
what gives what's the big secret on making a Trial Record...if you know a little or a lot please add to this thread. Thank-you

1) Cover sheet....Index

(Tab)? any colour? 3 hole ..or no tab?

2)Application...the original one...even with all the attachments?


3)Reply....same thing do you just copy it all and include it


4) agreed facts....is that based on expired Admit Form 22...or affidavit of doc's or both?


5) Updated financial statement.....do you do a form 13 and file it here does 6b go in here too?

Back sheet....any specific colour....

I asked for a written opening statement...where does that go...do I make an affidavit and include it somewhere in the index?

book of authorities...book of evidence....where do these things go...do you just bring them to court?.
How about questions for ex ..do you have to show anyone the questions?

No I don't want to waste 10-20 thousand dollars on a lawyer to file forms....I'll pay the ex the cash if I lose at least some will go to the kids not the lawyers Porsche:eek:

04-03-2013, 10:06 AM
To add evidence prior to trial where it is not already in the contueing record I believe you would serve it to the other party using the Request to Admit form. This gives the other party a short period to respond to the new evidence.

Book of Authorities or Book of Evidence: Just assemble as a different package that is tabbed/indexed.

04-03-2013, 08:29 PM
I went to a TMC and did that form they hand you to define what you want to do for trial...some kind of endorsement form...anyways ...one question was to amend pleadings...I checked of "yes" (it had been so long new stuff came up) anyways when I went into TMC 20 minutes later...it was ignored about changing or amending pleadings....I should of spoke up about it....if you say nothing the Judge whisks along checking his own boxes and your stuck with your original "motion" that is probably outdated with the issues. Now I got too many old issues and not enough new issues....Second thing I read some CANII Law about Trial Records found a case where both parties did not file a Trial Record and the Judge with the parties agreement used the Continuing Record stuff....lol......which makes sense in the first place everything's there!

04-03-2013, 08:43 PM
with regard to admits Form 22 and Info Form 20.....I've sent lots of them and filed them with a 6B (remember it's not serve and file...is serve, do a 6B then file) and a affidavit (form 14) 1)swear, serve it, 6B, file it.....Now instead of confusing everything I'm just basically going to do what Family Law Rules 23 says....make a Trial Record (what I think it is...modified continuing record form. Cut and paste Trial Record in Continuing record spot) and add the Application and Answer...and see if I can file it(I won't serve it till it's rejected by the Court Clerks. They reject everything I file..lol) once I correct my mistakes...I'll serve and file. This is a trial the best way to get evidence,,is questioning ur ex on the stand...and I'm going to try to turn exhibits into evidence at the trial....if I can figure out how to add affidavits from cont. rec I'd love to know..here are my two other problems...filing my written opening statement somewhere I read you do it just before trial I assume 7 days but where? and updating the financial statement but where before trial...the trial record or continuing record for this stuff....sheesht right now K.I.S.S keep it simple stupid applies

04-03-2013, 08:55 PM
If you are in toronto there is a really great resource called Fathers Resource and a support group you can go to every wednesday.

A trail record is easy to make up.
From the family Law Rules in Ontario
23. (1) At least 30 days before the start of the trial, the applicant shall serve and file a trial record containing a table of contents and the following documents:

1. The application, answer and reply, if any.
2. Any agreed statement of facts.
3. If relevant to an issue at trial, financial statements and net family property statements by all parties, completed not more than 30 days before the record is served.
3.1 If the trial involves a claim for custody of or access to a child, the applicable
documents referred to in Rule 35.1.
4. Any assessment report ordered by the court or obtained by consent of the parties.
5. Any temporary order relating to a matter still in dispute.
6. Any order relating to the trial.
7. The relevant parts of any transcript on which the party intends to rely at trial.
8. Revoked: O. Reg. 6/10, s. 8 (2).
O. Reg. 114/99, r. 23 (1); O. Reg. 202/01, s. 6 (1, 2); O. Reg. 6/10, s. 8 (1, 2).

(2) Not later than seven days before the start of the trial, a respondent may serve, file and add to the trial record any document referred to in subrule (1) that is not already in the trial record. O. Reg. 114/99, r. 23 (2).

So as you can see the trial record is easy to create.

Now if you need to add to the evidence you can do it 2 ways that I know of.
You can file and serve a Document Brief of Evidence
Mine was over 1000 pages. each document needs it's own tab.

If you are submitting a large document that has no page numbers, such as the OCL's notes from their assessment, I would put all under the same tab and use Bates numbering to number the pages so that you can direct the judge and the assessor to the correct page.

I believe I had over 40 tabs

You simply need to serve it on the other side when you file your trial record.

With regard to financial statements, in the trial record, put in every one that was served so that you can compare them and find inaccuracies.

Affidavits go into the document brief or by themselves by adding them to the evidence at trial.
Note each document in your brief will need to be added as evidence at trial. And at that time will be given a evidence number.

Now to swear the document brief, you can simply file the brief as a affidavit with the entire document brief as a appendix sworn to be true.
In my 12 day trial I didn't need to do this, as the clarks side it didn't need to be sworn to be put before the judge.

You need copies of everything you bring to trial.
one for yourself, for the other side, for the judge for him to make personal notes on, one for the witness and that one gets filed with the courts.

04-03-2013, 09:14 PM
I have copied the posts here to involveddad75's existing sticky thread on Continuing Records. Thanks to everyone for informative and thoughtful posts.

04-03-2013, 09:20 PM
Mess I think I added three more. LOL

04-03-2013, 09:21 PM
With regard to changing your pleadings before trial. You can't do this trick if you have a lawyer, or if you are completely changing your pleadings.
For instance you can just before trial add property issues to be dealt with at trial if you haven't already claimed that issue.
You can right before trial file a updated 35.1 (affdiavit in support of access and custody) and in there change from asking for joint to asking for sole, or vis versa

Then when you start trial, simply go in and before anything starts stand up and ask to speak, state that you tried to have your pleadings changed before but weren't able to. You would like permission to change them now, and you don't believe their would be any costs associated with the change since it is only changing your position with regard to an existing issue.
If you judge accepts your golden, if the judge refuses, simply say
"Thank you, your honor I would like it to be on the record that I requested that I be able to change my position on an existing issue. before trial."
Thank you your honor.

While at trial, always protect the record. If you argue with the judge and they don't agree, simply state I would like that on the record that I requested xxxx

Remember if your self represented, they can't give you advice but they have to give you a little move because you are not trained as a lawyer.

At all times frame things as to how it reflects the best interests of the child and if it is procedural frame it around the prime directive.
Again from the family law rules.

(2) The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

(3) Dealing with a case justly includes,
(a) ensuring that the procedure is fair to all parties;
(b) saving expense and time;
(c) dealing with the case in ways that are appropriate to its importance and complexity; and
(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).

(4) The court is required to apply these rules to promote the primary objective, and parties and their lawyers are required to help the court to promote the primary objective. O. Reg. 114/99,
r. 2 (4).

(5) The court shall promote the primary objective by active management of cases, which includes,
(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;
(b) encouraging and facilitating use of alternatives to the court process;
(c) helping the parties to settle all or part of the case;
(d) setting timetables or otherwise controlling the progress of the case;
(e) considering whether the likely benefits of taking a step justify the cost;
(f) dealing with as many aspects of the case as possible on the same occasion; and
(g) if appropriate, dealing with the case without parties and their lawyers needing to come to court, on the basis of written documents or by holding a telephone or video conference. O. Reg. 114/99, r. 2 (5).

You can get away with some stuff if you refer to the prime directive.

04-03-2013, 09:22 PM
Remember include all financial statement, all orders, all endorsements, all 35.1

This way you can question the other side as to how things have changed during the proceedings and how and why their views have changed. Such as parenting plans.

I would go to Staples and buy the binder dividers they have ones that go up to 50 tabs package 1 is 1-25 package 2 is 26-50

With regard to video and audio, burn it on cd or dvd and place it in the document brief in a cd holder again 4 copies.

When it gets to opening statements you can serve it with the trial management brief, or in the document brief.

When writing the opening statement, start with the closing statement as if you have presented the perfect case, state what you have proved to the courts, or shown the courts or remind the courts what has happened. The use that as a template for the opening statement.
You honor will hear about, I will demonstrate, I plan to show.

opening statement / closing statement should be less than 5 pages and or 5 minutes.