Can a judge rule that there is no need for a trial?

[torontonian]

Hi - I have heard that at the pre-trial conference, if the judge doesn't think there is enough material to go to trial, that they can reject the file from going there. But when I look at the forum postings, I see so many being led by exes to trial over trivial matters.

So can the judge derail it? If I compromise enough, would that stop the runaway train to go to trial, just because ex is going for vengeance?
Thanks...

[baldclub]

The last time I was in court for a settlement conference, the judge said our positions were too far apart and wouldn't recommend trial. So I guess the judge can stop a file from going to trial.

He made an endorsement for the Office of the Children's Lawyer to get involved after asking us if we would wait for their report to continue. I wholeheartedly agreed, my ex only a bit.

Once that is done we can again proceed to litigate (*sigh).

[torontonian]

Thanks for the info... I am actually trying NOT to go to trial, because I see the ex just wasting our time... I am hoping the judge would just RULE for something reasonable (which is my position, though I'm willing to compromise further), because the costs are insane, I have already spent $40,000 without resolution in sight (next stage is the trial management conference).

[HammerDad]

Yes a judge can dismiss a motion without a trial if they feel there isn't sufficient reason for a trial, that the motion was incorrectly filed (ie. civil motion filed in family court) or that the motion is simply vexatious.

If a judge feels there is no need for trial and it ends up going to trial, and you get substantially what you are requesting, the judge is very likely to order costs against your ex.

[torontonian]

thank you... Anyone got out of trial at/after the trial management meeting?

[hadenough]

TMC's are the last stop before Trial is decided for, or against. I think I had 3 "tmc's" !!! If your lawyer drafts an offer to settle (settlement proposal) on the other party: then if the OP does not co-operate, or try to negotiate, or respond (my ex did not respond at all, thru counsel) then that opens the door for getting awarded costs. Our offer to settle was primarily strategic as we were doubtful that we'd be met w/a reasonable reply. We received no reply. This was within a few weeks of a set trial date however.

If at any time, they had offered to settle: trial would have been cancelled providing that their offer to settle was acceptable. So the way it worked for me was: the offer was sealed and when the Judge ordered an amt (imputed ex's income)that was HIGHER than what we had offered to settle for in our proposal. Once she wrote her decision, she would then view what the (our) offer was, and b/c she came in higher and that we showed we were trying to negotiate/settle - it was deemed that the other party was the reason why it proceeded to trial in the 1st place. Hence, I was awarded "costs" which really means my lawyer was. It's still being addressed but the settlement proposal was a good strategy, and it would have been best if ex had gone for it. But that didn't occur and now he has a legal bill that he otherwise could have avoided. The downside about the proposal to settle is that even if you were the one to initiate it, if the judge's decision is more on the side of the OP and your offer was decidedly not "reasonable" then you will likely be found responsible for "costs"

[torontonian]

Thank you.

[MommaMouse]

Thanks for the info... I am actually trying NOT to go to trial, because I see the ex just wasting our time... I am hoping the judge would just RULE for something reasonable (which is my position, though I'm willing to compromise further), because the costs are insane, I have already spent $40,000 without resolution in sight (next stage is the trial management conference).

I have gotten out of trial before with a summary judgement motion. Means the judge makes a desicion based on the info given, no trial.

[torontonian]

Great - do I ask for a Summary Judgement at the trial management conference or before/after?? Thanks.

[MommaMouse]

No, do it as it's own motion preferably before TMC. The judge will make a decision based on the information submitted upto this point. Make sure you outline exactly what you want...and make concessions. Also make sure to point out why trial isn't helpful.

[hadenough]

definitely ask your lawyer about that well in advance of the TMC as that may be something that needs to be prepared/submitted in advance to the courts and the OP. Best of luck avoiding Trial. It sucks to have to go thru all this but sometimes there's nothing that can be done. You're in "the machine" - I liken it to a huge vacuum - totally sucks.

[torontonian]

Thanks so much It's hard when it's the other party driving the runaway train... I'd rather keep some money to give to the kids, ex would rather give the $$ to the lawyer (than to me)... and that shows why I decided to leave in the first place!!!

[hadenough]

My ex was/is exactly the same. He'd rather let the lawyers BS him (which is pretty much what's taken place) and pay his lawyer untold amts of money JUST to not give in to what is obvious, has been established AND court ordered. I finally realized that he truly enjoys tormenting me and keeping Court etc going as long as he possibly can. It's a big game to him and he hasn't got an ounce of common sense. Trying to appeal to him is a waste of time. He's dragging me and our child (together) thru this, as well as his wife and 2 young children. He taunts "my life is great" "see you back in court" "I'm broke" (that's bs) etc.

I truly have come to see that him and apparently his wife enjoy the drama and if they have to pay money out, aside from the extravagant lifestyles they live - they'd rather pay it to the Clown lawyer he has, than for the court-ordered amount. It really is sickening. Its a shame dingbat wife doesn't see that if he's doing this to us: she's next. It's only a matter of time. If your ex is really in this just to make your life difficult and has no valid reasons to reject what you are agreeable to, the Judge (one would hope) will see right through that. They see these situations all the time and are rarely fooled. Take the emotions out, along with the emotional responses and present a factual and articulate case with supporting documentation to all of your claims. All the best.

[torontonian]

Thanks - it's been amazing to see how similar my experience is to some of the forum posters' stories... I'm sure the judges see it daily... I still have trust in the system, the end result can only be better than what I had at the start = big zero...
And I hope karma will come around and bite the ex+new partner in the butt ;p

[Epona]

In my limited experience with family court, a judge can rule just about anything and often enough the ruling doesn't make sense to one party, or the other party, or both parties.
Earlier this year, ex and I were scheduled for a conference or hearing and it turned out to be a trial. I wasn't notified the conference had been changed to a trial. Some of the judge's rulings were a bit ... well, unusual.
So yes, a judge CAN stop a case from going to court. A judge can also change a conference/hearing to a trial without notifying a party.