Trial date is set, now I need help

[Max22258]

yes right proof does not mean a thing in family court, well that is what I found out. Even presentation does not mean a thing, as my lawyer knew my case by heart. The only thing that matters is how the judge see it.

[dadtotheend]

yes right proof does not mean a thing in family court

Proof and the truth does mean a lot as you get closer to trial.

Judges have so much more latitude to express their opinion at an informal proceeding like a case/settlement conference, where the discussions are not made part of the continuing record.

At a motion or a trial the judge's decisions are public and must pass the evidentiary test.

[Max22258]

well i had all mine and still trying to get the furniture stolen that she says was her but strangely i had all my receipt. Police do not want to enforce a thing. So back to court but this time small claim court, will try that way to see.

[riverbag]

Discoveries done

Well Discoveries done and it went better than I could have dreamed!! She admitted to almost everything I had been claiming all along, agreed there are no issues, said I'm a good father and agreed the kids love me and enjoy spending time with me...I don't see what they're holding on to, but Trial is in 6 weeks, so we keep moving forward...Trial record next and then keep pushing...any suggestions from anyone?

[riverbag]

Trial Record

Can someone clear something up for me, the Trial record needs to contain "The relevant parts of any transcript on which the party intends to rely at trial.", do I take that literally and admit all of my e-mail evidence with the trial record??

[wretchedotis]

hiya... i havent been aqround lately...
i'm facing trail very soon myself, and have taken your link mess. I'm sure I have it already anyways. but reading it over agin right now...

I'm curious how you went about discovery.
riverbag if u can fill me in on how exactly you aqcccomplished this?

[riverbag]

The Discoveries process is a simple one from my perspective. You find out where to get it done from the courthouse and arrange with the other lawyer when to do the discoveries, prepare your questions and book the time then ask your questions. Be prepared for the other side to ask ANYTHING and keep our calm. Mine went exceptionally well because I was prepared and my claim hasn't changed....and she gave me plenty of evidence to pursue in the discoveries.

[wretchedotis]

i can't say I follow...
you were given a trial sitting date? Or an actual trial date?

Having trouble wrapping my head around how Im supposed to meet deadlines and such when apparently trial can occur within 3 weeks following my sitting date. And then I'm told I could be given a trial date with no less that 24 hours?

How can one call witnesses to an unkown date, for example?

[riverbag]

Now it is I that cannot follow, I don't recognize the term "sitting date", so I'll go by my situation. We were given a date in assignment court where we selected a trial date. It is an actual date for trial. Once that date was set, I scheduled discoveries, which is questioning of the applicant and respondent, or at least it was in my case. the proceedings were recorded and transcribed and will accompany my trial record which is to be filed 30 days before trial....then you submit witness lists etc to the other party and voila...you have a trial I hope this helps and don't base your case on my info, I'm not a lawyer, but I play one in real life

[CycleDad]

Now it is I that cannot follow, I don't recognize the term "sitting date", so I'll go by my situation. We were given a date in assignment court where we selected a trial date. It is an actual date for trial. Once that date was set, I scheduled discoveries, which is questioning of the applicant and respondent, or at least it was in my case. the proceedings were recorded and transcribed and will accompany my trial record which is to be filed 30 days before trial....then you submit witness lists etc to the other party and voila...you have a trial I hope this helps and don't base your case on my info, I'm not a lawyer, but I play one in real life

In Hamilton court, you are not given a trial date but a trial time range that you can be called upon on even less than 24 hours notice. They call this a "trial sitting". Maybe this only happens in Hamilton. I also am confused about sceduling whitnesses and meeting filing timelines when you only know the actual trial date 24 hours before it happens. I can only guess prehaps the trial sitting date needs to be treated like the trial date for filing paperwork. For whitnesses who knows?

CD

[CycleDad]

Just wanted to add that whitnesses are not given to much notice during a trial. We do our best but sometimes they only have half a day, perhaps one day's notice.