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  • Self rep...preparing for trial

    I am looking for anyone who has gone thru a trial on their own... doesn't really matter what the issue was, it's just an overwhelming thing to prepare for if you have no idea what to expect.
    I'm working on putting together the trial record now... where it refers to an aplication, does that mean the original motion we served? (form 15 & 15a)
    Do both parties have to serve new financial statement if the issue is child support?
    I always imagined a trial to be in question and answer format, but Duty counsil can't come in with us because it is 'beyond the scope of duty counsil' so how does it work? Does my husband just stand up and give the relavant info in his own words, more like a speech?
    Sure would appreciate anyone who could help me picture what a trial will look like. Thanks!

  • #2
    I would be terribly interested in any answers you get. I am working right now at referencing and cross-referencing my partner's correspondence and figuring out how to proceed into trial without a lawyer as well.

    Maybe we can help each other. I know that you have to file for a trial management conference and that at it you will need a list of witnesses and what you intend each witness to testify about.

    Comment


    • #3
      Here is some outline info on the process.
      Prior to the actual trial you will have a Trail Conference or pre-trial conference, this is to narrow down the issues & to agree on what will be presented at trial. And sometimes even make a final effort to settle issues.

      At trial the applicant will present their case first. The applicant's lawyer will provide a statement of what will be presented throughout the trial and what they hope to show/prove. Then the respondent does the same. The applicant will begin their case by providing witnesses and questioning them the respondent can also question any witnesses that the applicant brought forth. These witnesses may be experts or other individuals with first hand knowledge of select issues etc. And any documented/written evidence/proof is also exchanged. After the respondent has cross examined there is always the option of "re-direct" of the applicant in case they opened new info and the re-direct can also be "re-crossed”. When the Applicant has completed their presentation of their case the applicant then takes their turn presenting evidence and calling witnesses that can be cross examined etc.

      Once all is said and done, then each is offered the option of providing closing statements. The process is very similar to other civil cases. The judge will take the necessary time to make decisions by reviewing all testimony etc.
      The judge will return with their decision and provide bases of the final order.
      At this time the case is finished, but unlike civil cases where you would appeal, the judges final order in a family law case is never really final because SS, CS or access and/or custody arrangements can change over time, sometimes on a yearly bases. These are done via a motion to change due to significant changes in circumstances.

      In preparing and if there are CS or SS issues I would say that it is necessary to provide a new financial statement as the courts prefer to have statements that are accurate within 30 days of the court date.

      I hope this helps.

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      • #4
        I am preparing for my week long trial and am self-represented. I have come across several books that can be ordered through Chapters that seem to be relevant. If they are worth the money I will let you know.

        I have been seeing a lawyer for advice and he is very helpful. My file is several volumes thick, so if you have a relatively simple file, going to FLIC once a week will even be a big help to you.

        I really have no idea about opening statements, I feel like I did in High School English with a monster essay due and trying to use the proper structure.

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        • #5
          Self Representation

          Hi, you may find this article a worthwhile read, written by a Family Court Judge in Toronto. There is also a book that he has written " Tug of War" which I believe is now available.

          ParentCentral.ca - News & Features - Family court judge's book a caution to warring couples , 'This is not Judge Judy,' Harvey Brownstone tells self-litigators who clog divorce courts

          This is the link http://www.parentcentral.ca/parent/article/583861

          http://www.parentcentral.ca/parent/article/583861
          Last edited by thistoshallpass; 04-09-2009, 08:44 AM. Reason: missed link

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          • #6
            I picked up "tug of war" at chapters today. It is not really detailed enough for my situation but it would be immensely helpful for newly separated parents.

            When I asked for the title, they said there was only one left, and that it sells out everyday they get a new shipment in.

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            • #7
              I also picked up a copy at Chapters, my local store was out of stock had to go to the other side of town to get a copy. He does say it is not a self help book rather an insight on a Judge’s perspective, certainly a worthwhile read.

              Comment

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