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  • Prep for Trial

    Preparing for self-representing trial (applicant). Needs some help on how to do everything. No money to hire a lawyer. Already done case conf, settlement conf, etc and going to trial in 2 months.

    Info – current court order in place (2009) and not being followed. Motion to change issued Jan 2013 and temp order in place (and followed) since June 2013. Last appearance judge said next court appearance would be for trial.

    What forms have to be filled out before trial to present the case before the judge? Does a motion form 14B have to be completed to update the out of date Motion to Change issued Jan 2013 (form 15)?

    What is a trial record and is this different then the cumulative table of contents (continuing record)?

    How do you present evidence to the judge in a trial? I know you make opening and closing statements you can speak to the judge and you can call witnesses to tell the judge information, but how for example do you say to the judge “here are the NOA’s (already in file months ago), please update CS as per the table guidelines”. Do you have to show the judge the table guidelines (part of your file) or do they have them in the court?

    The following are the items that are needed in the new court order. Call it a wish list to ask the judge for. Some are already in the temp order.
    1. Custody (sole),
    2. Access (supervised, days/time determined by CP),
    3. Substance Abuse Testing, Mental State Updates (continue to meet with psychiatrist and take medication),
    4. Transportation to and from access visits (licensed driver, car that is safety cert.),
    5. Police Enforcement Clause
    6. FRO to update CS based on last 3 years NOA and pay arrears of over $8,000.

    Does evidence of how it is best for the child for each have to be presented? Can evidence be as simple as saying “that is the current situation and the child is healthy, happy?”

    Just trying to understand the process to be ready for the trial. Any help would be appreciated.

  • #2
    What is a trial record and is this different then the cumulative table of contents (continuing record)?
    A trial record is what the judge sees before trial, the contents are listed in the Rules.

    Does a motion form 14B have to be completed to update the out of date Motion to Change issued Jan 2013 (form 15)?
    If you want to change your pleadings you have to amend them.

    How do you present evidence to the judge in a trial?
    Respectfully, and with great care.

    Do what you can to prepare before (joint document books, agreed statement of facts, requests to admit), and know what the witnesses will say.

    Comment


    • #3
      Originally posted by OrleansLawyer View Post
      A trial record is what the judge sees before trial, the contents are listed in the Rules.


      If you want to change your pleadings you have to amend them.


      Respectfully, and with great care.

      Do what you can to prepare before (joint document books, agreed statement of facts, requests to admit), and know what the witnesses will say.
      So I can just use a piece of paper and create the trial record or is their a court form/template that you have to use?

      If I want to change the original pleadings (motion to change form 15) originally issued, how do I amend them? Is their an amendment court for to use or I can I just issue a motion (form 14B)?

      What are joint document books? There are no agreed statements, and what is requests to admit?

      Comment


      • #4
        Originally posted by Canadaguy View Post
        So I can just use a piece of paper and create the trial record or is their a court form/template that you have to use?

        If I want to change the original pleadings (motion to change form 15) originally issued, how do I amend them? Is their an amendment court for to use or I can I just issue a motion (form 14B)?

        What are joint document books? There are no agreed statements, and what is requests to admit?
        I believe the agreed upon facts can include things like, the name and ages of the children, the current access schedule, etc, but I could be wrong.
        Last edited by HappyMomma; 10-15-2013, 11:39 AM.

        Comment


        • #5
          What are joint document books?
          A book of documents that both parties agree can go in.

          There are no agreed statements
          What are your names?
          When were you married?
          How many children do you have, born on what days?
          What are your incomes?
          What are the issues?
          Who lives where, from what date?
          Have you been married before?
          What was your rent or mortgage last month?
          What was their rent or mortgage last month?
          What activities do the children do, at what cost?
          Has any support been paid, and if so, how much and when?

          what is requests to admit?
          You should know, months before trial, every single fact of the case that you hope to rely on. A request to admit is a form served on the other party, requesting that they admit that facts are true.

          Any fact that is not agreed on before trial needs to be true. It is an unconscionable waste of the court's time for people to sit through the first day of trial, reciting the names and birthdays of their children.

          So I can just use a piece of paper and create the trial record or is their a court form/template that you have to use?
          It is like creating a continuing record. You may find CanLII - Family Law Rules, O Reg 114/99 to be an excellent source of information on how family procedure works.

          the agreed upon facts can include things like, the name and ages of the children, the current access schedule, etc
          They can include everything. Ideally, all facts can be agreed upon beforehand, reducing the trial to a matter of law. Or, better yet, a settlement, instead of people walking blind into a sixteen day long waste of time to find out that yes, the law applies to them too.

          OL...please make room in your inbox
          Noted.

          Comment


          • #6
            preparing for trial

            I would like to know if previous court documents( the other's affidavits from motions, case/settlement case conference brief, or exhibits used for previous motion) can be used as evidence and filed in document book. Also, should endorsement be in trial record or document book?

            Comment


            • #7
              Just trying to understand the process to be ready for the trial. Any help would be appreciated.
              Perhaps people that have self rep'd and been thru trial, will come along and create a procedural post that can be turned into a "sticky" that will be of great not just to you, but for future would be folks that might need that info also.

              Comment


              • #8
                Hoping Orleans Lawyer can add to his post above:

                What are joint document books? A book of documents that both parties agree can go in.

                Quote:
                <table border="0" cellpadding="6" cellspacing="0" width="100%"> <tbody><tr> <td style="border:1px inset" class="alt2"> There are no agreed statements </td> </tr> </tbody></table>
                What are your names?
                When were you married?
                How many children do you have, born on what days?
                What are your incomes?
                What are the issues?
                Who lives where, from what date?
                Have you been married before?
                What was your rent or mortgage last month?
                What was their rent or mortgage last month?
                What activities do the children do, at what cost?
                Do we just type up this information and call it a "joint document book" and serve it on the other party and then file it in the Trial Record as well?

                Do we have to ask seek their consent to confirm they agree to the facts despite these facts being drawn from affadavits and other legal documents they have filed and signed? I ask this because if we need the other party's consent to file or whatever, then we won't even bother, as the other party and their lawyer are HCP and typically do not even acknowledge our written requests despite them being professional and requiring an answer...

                Comment


                • #9
                  I would like to know if previous court documents( the other's affidavits from motions, case/settlement case conference brief, or exhibits used for previous motion) can be used as evidence and filed in document book.
                  The list of what court documents are included is listed in the Rules.

                  If you want to include a document, it must be introduced:
                  - with the consent of the other party; or
                  - as evidence, generally with a witness.

                  Affidavits are unhelpful. Whoever swore the affidavit should be present, to give their oral testimony and be cross examined.

                  Evidence from previous motions - for example, a police report - may be a document you want introduced.

                  should endorsement be in trial record or document book?
                  If you mean a judge's endorsement - neither. An Order would have been taken out, which may form part of the trial record.

                  Do we just type up this information and call it a "joint document book" and serve it on the other party and then file it in the Trial Record as well?
                  It can be similar to a disclosure book.

                  Cover page + table of contents, followed by tabs with all of the documents in them. Both parties should agree in advance of the trial as to what documents are to be included, to reduce the length of trial and simplify matters.

                  They would then be jointly submitted at the start of the trial.

                  If either party wants a document included but the other party disagrees, they need to introduce it as evidence.

                  Do we have to ask seek their consent to confirm they agree to the facts despite these facts being drawn from affadavits and other legal documents they have filed and signed?
                  Requests to admit are your friend. If they disagree with material facts, particularly facts they have admitted or asserted elsewhere, that will speak to their credibility.

                  Comment

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