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  • Speak to Court

    Looking for a little clarification regarding my trial. This past week I had assignment court with the trial scheduled to begin Nov. 25 and the judge mentioned speak to court to be held on Nov. 18. I've googled "speak to" court but havent found anything really. Can anyone offer any insight on what exactly it is and what I need to have prepared as I am self represented. I do believe I need to have the trial record filed by then?

    Background info, my divorce has already been granted. The issues at hand are support and property. The ex is a non-res and refuses to pay any support claiming that he is not employed, pays no taxes etc. I believe it to be rubbish. So, in lieu of any support I am asking for his equity in our house.

  • #2
    My understanding of the "speak to the court" generally relates to an informal discussion between the court and counsel relating to issues like duration of trial and timing etc. It likely involves more than that.

    But what it is, is essentially a bunch of lawyers that have upcoming trials, gather in court and one by one discuss with the sitting judge how long they think they will need for their trial.

    My example is a bit simplistic, but may help give an understanding.

    Comment


    • #3
      Originally posted by HammerDad View Post
      My understanding of the "speak to the court" generally relates to an informal discussion between the court and counsel relating to issues like duration of trial and timing etc. It likely involves more than that.
      The matter is to be "spoken to". I have never seen the reference to "speak to the court". But, a common legal phrase you will see is "the matter is to be spoken to on July 4, 2013"?

      Originally posted by HammerDad View Post
      But what it is, is essentially a bunch of lawyers that have upcoming trials, gather in court and one by one discuss with the sitting judge how long they think they will need for their trial.

      My example is a bit simplistic, but may help give an understanding.
      It sounds like assignment court date or a trial management conference. Generally they wouldn't be scheduling the November sittings in June/July. They would have the matter be spoken to at purge court / trial management conference in November/December with the next trial sitting after this time being January of the next year.

      Good Luck!
      Tayken

      Comment


      • #4
        I've gone through a "speak to the court" instance, where the Judge had become aware that there would be scheduling conflicts and needed to go over same with both parties.

        As well, myself being self-rep, he wanted to make sure I had all my ducks in a row for the coming trial. He asked me if I felt I was prepared enough, and offered some guidance on witness lists, etc.

        Comment


        • #5
          Thanks for the info. If it is how you saw it is, Wretchedotis, then it sounds helpful. My stomach is in a knot thinking about it as I am no where near ready as my ducks are all over the place at the moment. The fact that he has hired one of the more respected and higher priced lawyers in our area doesn't help the situation. Its interesting that he claims to be unemployed and cant pay any child support or his half of mortgage but can hire one of the "better" lawyers. Maybe I should try being unemployed as well.
          Ill get it figured out eventually.

          Comment


          • #6
            Originally posted by takeontheworld View Post
            Thanks for the info. If it is how you saw it is, Wretchedotis, then it sounds helpful. My stomach is in a knot thinking about it as I am no where near ready as my ducks are all over the place at the moment. The fact that he has hired one of the more respected and higher priced lawyers in our area doesn't help the situation. Its interesting that he claims to be unemployed and cant pay any child support or his half of mortgage but can hire one of the "better" lawyers. Maybe I should try being unemployed as well.
            Ill get it figured out eventually.
            Just a tip for you... I wouldn't use this argument in a court room or to try and leverage as an argument/evidence. The other party may have gotten a loan to retain the lawyer or their friend/family member may be paying. Either way, how someone pays for their lawyer is generally of no concern to a justice. In fact, they will be greatful that the party is represented by competent counsel.

            I have heard a lawyer actually lament that the other party's lawyer was being paid for by family members... The justice basically lost it at the litigant and talked right around the lawyer attempting to make this argument and advised the litigant directly in open court to hire a new lawyer.

            The justice then pointed to the litigant who was lamenting about this parent's in the court room and suggested that the litigants family should do exactly the same.

            The justice concluded loud enough for other court rooms to hear with the statement "how someone pays for their counsel is irrelevant" and then again stated to the litigant presenting this argument to hire a new lawyer.

            Subsequently, the matter was ordered to the next trial sitting in 4 months for resolution and denied this litigant's claim for child support because well, the litigant would maybe get child support for one month prior to trial... A very chilling statement to hear in court and a clear shot over the bow of that litigant what trial could possibly look like for them. (Sole custody to the other parent and no child support being paid to the lamenting litigant.)

            Good Luck!
            Tayken

            Comment


            • #7
              Originally posted by takeontheworld View Post
              Its interesting that he claims to be unemployed and cant pay any child support or his half of mortgage but can hire one of the "better" lawyers. Maybe I should try being unemployed as well.
              Ill get it figured out eventually.
              Not to worry takeontheworld. Most of will recognize that the above comment is a wry, tongue in cheek reference and a simple observation of your situation.
              Last edited by SadAndTired; 07-04-2013, 06:28 PM.

              Comment


              • #8
                Originally posted by wretchedotis View Post
                I've gone through a "speak to the court" instance, where the Judge had become aware that there would be scheduling conflicts and needed to go over same with both parties.

                As well, myself being self-rep, he wanted to make sure I had all my ducks in a row for the coming trial. He asked me if I felt I was prepared enough, and offered some guidance on witness lists, etc.
                Don't mistake this to mean he was anything close to prepared to delay trial for me. It's not like he was doing me a huge favour, so much as he was doing his due diligence. Making sure it would be as 'fair' as it could be given the circumstances.
                Last edited by wretchedotis; 07-04-2013, 09:58 PM.

                Comment


                • #9
                  For matters that are scheduled "to be spoken to" my lawyer mentioned that the parties do not need to be present. Just lawyers. Is that true? What about 1st appearance for motions?
                  I'm confused as to why the actual parties don't need to be present.

                  Comment


                  • #10
                    Thanks Tayken, any tips are appreciated. You're right SandandTired, it was a tongue in cheek comment on my part. But, I guess its best I avoid that.

                    Comment


                    • #11
                      Originally posted by takeontheworld View Post
                      Thanks Tayken, any tips are appreciated. You're right ********, it was a tongue in cheek comment on my part. But, I guess its best I avoid that.
                      Justices don't generally have a sense of humour with the exception of the Honourable Mr. Justice Quinn.

                      Bruni v. Bruni, 2010 ONSC 6568 (CanLII)
                      Date: 2010-11-29
                      Docket: 384/07
                      URL: CanLII - 2010 ONSC 6568 (CanLII)
                      Citation: Bruni v. Bruni, 2010 ONSC 6568 (CanLII)

                      Originally posted by Justice Quinn
                      At one point in the trial, I asked Catherine: “If you could push a button and make Larry disappear from the face of the earth, would you push it?” Her I-just-won-a-lottery smile implied the answer that I expected.

                      ...

                      I am prepared to certify a class action for the return of all wedding gifts.

                      ...

                      It is likely that, in the period 2004-2006, Larry was having one or more extramarital affairs. Interestingly, Larry’s father was married five times, in addition to going through several relationships. Perhaps there is an infidelity gene.

                      ...

                      Larry gave evidence that, less than one month later, Catherine, “Tried to run me over with her van.” [6] ("This is always a telltale sign that a husband and wife are drifting apart.")

                      ...

                      The New Shorter Oxford English Dictionary defines “dickhead” as “a stupid person.” That would not have been my first guess.
                      Don't "Bruni v. Bruni" your argument...

                      Good Luck!
                      Tayken

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                      • #12
                        lol, thanks.

                        Comment


                        • #13
                          Originally posted by takeontheworld View Post
                          lol, thanks.
                          No problem at all.

                          Comment

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