Same judge for Trial management Conference, Motion and Trial?

[Abba435]

I searched for posts and found none on this topic.

Is it normal for a judge to preside at trial when they presided over the Trial Management Conference and are also presiding over costs on a motion (that was withdrawn)?

There may be some upside as they have seen the detailed briefs and have seen the parties and lawyer before plus are familiar with the entire record.

[rockscan]

No you get a new judge from your conferences. If you had an independent motion with a different judge, you could get that one.

[Abba435]

No you get a new judge from your conferences. If you had an independent motion with a different judge, you could get that one.

That is what I thought.
They have scheduled the same Judge from the TMC who endorsed the Trial Endorsement Form and is as I write looking at costs submissions from a with drawn motion.
I will call the scheduling clerk this morning.

Always something, and it not something its something else

[rockscan]

It might be that the judge seized your file or that there are no other judges available.

[Abba435]

It might be that the judge seized your file or that there are no other judges available.

Seizing a file is ok? I thought independence was essential.

I am torn between thinking independence is paramount and thinking some advance knowledge might be beneficial. This Judge seemed to be very on the ball, I expect most experienced justices are.

I want this settled so i can go back to being present with my kids whenever I can. Even without being SRL this would be exhausting, stressful and difficult. Not looking for sympathy or empathy.

[LovingDad1234]

Even without being SRL this would be exhausting, stressful and difficult.

I totally empathize with you. I had a lawyer and ex was SRL and it was exhausting, as the bills were racking up. Unfortunately, the stress part doesn't go away right away, as personally I am fearful for the inevitable Round 2 :-(

[Janus]

Seizing a file is ok? I thought independence was essential.

It is more efficient. The judge is more familiar with the parties and the issues so you don't have to start from scratch.

Judges often seize themselves when the case is complicated.

[Abba435]

It is more efficient. The judge is more familiar with the parties and the issues so you don't have to start from scratch.

Judges often seize themselves when the case is complicated.

Makes sense. There were some procedural issues that this judge is aware of. And there are a number of complex issues that should have been resolved by everyone following the detailed separation agreement that they themselves filed with the court and are now challenging line by line (not all, selectively).

I do not not come with clean hands, but they are not filthy. That has been made clear in my brief that this judge has seen and will be very clear in my opening statement and testimony.

[Abba435]

Scheduling clerk thought there may be an issue since at the Trial Scheduling Conference briefs were submitted and both parties were involved in settlement discussion with this judge, who was very good I thought.

Since trial is Monday i am considering getting opposing counsel to mutually consent instead of raising this that morning only to be adjourned while another judge is found with availability.

Thoughts?

[Abba435]

I totally empathize with you. I had a lawyer and ex was SRL and it was exhausting, as the bills were racking up. Unfortunately, the stress part doesn't go away right away, as personally I am fearful for the inevitable Round 2 :-(

Hmmm. I am the SRL in this case.

[involveddad75]

Scheduling clerk thought there may be an issue since at the Trial Scheduling Conference briefs were submitted and both parties were involved in settlement discussion with this judge, who was very good I thought.

Since trial is Monday i am considering getting opposing counsel to mutually consent instead of raising this that morning only to be adjourned while another judge is found with availability.

Thoughts?

If your in Ontario Court of Justice, a judge can hear settlement discussions and still hear a trial (which I believe it wrong). But in Superior Court of Justice (a higher court that OCJ, they can't. At least that is how it's done where I live.

I was very lucky with this. My conference judge told me before I would lose if he was the trial judge and tried to pressure me to settle for less time with our children. I couldn't do that so didn't settle and self rep. at trial against my ex and her lawyer. I won and at the end the judge thanked me for being so well organized. If I had my case conference judge it would have been a different story.

At the end of the day, a trial judge is suppose to look at all the evidence and make a BIOC ruling. Case conference judges only focus whats before them for the day.

[Abba435]

If your in Ontario Court of Justice, a judge can hear settlement discussions and still hear a trial (which I believe it wrong). But in Superior Court of Justice (a higher court that OCJ, they can't. At least that is how it's done where I live.

I was very lucky with this. My conference judge told me before I would lose if he was the trial judge and tried to pressure me to settle for less time with our children. I couldn't do that so didn't settle and self rep. at trial against my ex and her lawyer. I won and at the end the judge thanked me for being so well organized. If I had my case conference judge it would have been a different story.

At the end of the day, a trial judge is suppose to look at all the evidence and make a BIOC ruling. Case conference judges only focus whats before them for the day.

I am fine with this judge and the clerk raves about him.
Not sure the other side will consent if it comes to that.
Will find out in the morning.
Another sleepless night.
A dozen 3 inch binders to lug around tomorrow,