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  • Cross Examination?

    Has anyone had to do cross examinations? What should I expect?

  • #2
    Originally posted by Femme View Post
    Has anyone had to do cross examinations? What should I expect?
    Great question. Often hard to answer.

    You can expect that everything in your affidavits will be part of the questioning and other materials. It depends on if the questioning is ordered and what is requested or if it is during trial.

    Basically, it is all "yes" or "no" answers. My advice would be to give as little detail as possible. If you are going through cross examination your solicitor should be doing some trial runs with you to get a feel for it.

    What not to expect. Everything you have seen on TV. It just doesn't work that way so stop watching Law and Order. Honestly, it is very different than what you see on TV and a lot of self-rep litigants get on the stand and spew their spleen giving way too much information that lets you get eaten alive.

    Honesty is key. Never lie on the stand because that is where you are going to get caught. It is easy to lie on paper. So, re-read your affidavits and make sure that everything is clean as a whistle. If it is not now is the time to fix them possibly.

    Expect it to brutal and detailed and especially if you are being cross examined by a litigation based lawyer.

    There is no pleading the 5th in Canada. So any question asked you are expected to answer. Don't worry about the "dirty" questions as 99.9% of judges know them and will point them out if they are loaded questions.

    Also, if there is questioning/cross examination of materials it is usually because there is a huge problem in the case. You are at a point that very few cases make. So hopefully you haven't submitted 1000 pages of affidavit materials without supporting evidence. If you have, and they are all just paragraphs from your perspective...

    There isn't much material I can point you to on viva voche testimony in Family Law as so few cases make it to this point.

    Is the cross examination part of discovery for trial? Or for a viva voche hearing? Or just ordered in support of a motion?

    You can also expect it to be expensive. (Due to the time it takes, the transcription of it all, etc...)

    Don't be afraid of the truth. Even if it doesn't better your case always be honest.

    Good luck!

    Comment


    • #3
      Originally posted by Tayken View Post
      Great question. Often hard to answer.
      There is no pleading the 5th in Canada. So any question asked you are expected to answer. Don't worry about the "dirty" questions as 99.9% of judges know them and will point them out if they are loaded questions.
      Although there is no pleading 5th (self incrimination provision) in Canada Family law, there is protection of testimony between court jurisdictions. Your testimony, even self incriminating, under Family Law matters cannot be used in Civil or Criminal matters or vice versa. Most people don't have to worry about this, but it's worth stating for clarity.

      FG

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      • #4
        Thanx for the info Tayken.
        I don't know what our cross examination coming up is being based on (I really have no clue about court proceedings, etc.)
        We have only had one case conference, no order was made during that time. Nothing has changed since then.
        His lawyer made an amended application with an offer to settle and said that the offer will be available until 5 minutes after this cross examination he has scheduled.
        I'm told that my ex's lawyer LOVES litigation.

        After reading all your info though, I don't think I need to be worried. I did not lie about anything in my documents, I simply responded to his(He's the Applicant). He lied in his though (false allegations against me).

        Comment


        • #5
          Originally posted by Femme View Post
          Thanx for the info Tayken.
          I don't know what our cross examination coming up is being based on (I really have no clue about court proceedings, etc.)
          We have only had one case conference, no order was made during that time. Nothing has changed since then.
          His lawyer made an amended application with an offer to settle and said that the offer will be available until 5 minutes after this cross examination he has scheduled.
          I'm told that my ex's lawyer LOVES litigation.

          After reading all your info though, I don't think I need to be worried. I did not lie about anything in my documents, I simply responded to his(He's the Applicant). He lied in his though (false allegations against me).
          f

          I am very surprised that your solicitor would consent to questioning on an application. No motions in court yet? Careful as you may be walking into a trap. Make sure you get disclosure of the evidence being submitted for questioning prior to questioning. You don't want any surprises that they may have up their sleeve.

          Something is up but, I can't tell from the limited information you have provided. There are a few interesting things litigation lawyers do with questioning on consent.

          I haven't heard of cross examination on applications this early. They may be going on a fishing trip for information.

          Just seems to quote "Dad To The End" fishy.

          Comment


          • #6
            So they could possibly be bringing up stuff that they don't have in their application to question me on?
            In his original application, he accused me of being an alcoholic, going to the bar 5 nights a week, calling my shifts at work "sick" (all lies) My boss wrote me a letter right away, stating the opposite of what he was saying regarding work. (I rarely call in my shifts)
            He also accused me of neglecting our daughter (He phoned children's aid on me, they closed the case on the first visit, as there was no neglect)

            His amended application took out the accusations of me being an alcoholic and neglecting our daughter. There was still lies, basically him just twisting everything around. For example --our daughter suffered speech delay at that time, he said that he called her speech therapist to enroll her, but really I was the one who did that.
            He said that I absconded with our daughter, but really he gave me an eviction notice(obviously I would not leave our daughter).
            He said he had no clue where we were for two weeks, but I had actually phoned him that same evening, leaving a message for him, telling him where we were, and he called me the next day.
            He uses me not having my driver's license against me--but he would not allow me to get it when we were married.
            He said that I was having extramarital affairs on him--but really he was on dating websites. Shortly after I left the apt after him giving me the eviction noticed, I found out that he was "seeing" a woman that he met on one of the dating sites.
            I never cheated on him and still remain single since our separation.

            Comment


            • #7
              Originally posted by Femme View Post
              So they could possibly be bringing up stuff that they don't have in their application to question me on?
              Yes. I would ask that any evidence to be included with the questioning be submitted prior for review. Disclosure would be key in preventing them from "surprising" you. A good litigation lawyer loves surprises especially in questioning. They ask a question against evidence unseen then submit it in response.

              Originally posted by Femme View Post
              In his original application, he accused me of being an alcoholic, going to the bar 5 nights a week, calling my shifts at work "sick" (all lies) My boss wrote me a letter right away, stating the opposite of what he was saying regarding work. (I rarely call in my shifts)
              The original application is still in the continuing record. A judge will see that stupid stunt.

              Be very careful when you get "letters". You should be getting affidavits (sworn statements) as they are easy to argue around in litigation. A letter is a quick and dirty but, they can be removed as evidence by a good litigation lawyer as they require to be sworn statements basically. YOu can't order someone for questioning on a "letter" etc. It is unsworn and cannot be tested to be true etc.

              Originally posted by Femme View Post
              He also accused me of neglecting our daughter (He phoned children's aid on me, they closed the case on the first visit, as there was no neglect)
              Great evidence for you. You should be requesting consent for the whole file from CAS. If they won't consent to the release of the investigation go for a motion for it.

              The letter you have is great evidence though. But, I would get the whole file because you can draw out his "theory of the case" from it usually.

              Originally posted by Femme View Post
              His amended application took out the accusations of me being an alcoholic and neglecting our daughter. There was still lies, basically him just twisting everything around.
              The term for this is "Emotional Facts" often. Also watch for projections. It seems like from your description you may be dealing with a disordered individual in the Cluster A/B/C zone. Probably a sociopath borderline/narcisist who are great at gaslighting and projection.

              Originally posted by Femme View Post
              For example --our daughter suffered speech delay at that time, he said that he called her speech therapist to enroll her, but really I was the one who did that.
              Really, it is not relevant. Don't worry about this small fact. Just state the truth and if you have the phone record attach it. These are small details that any parent can do and don't hold much weight with a judge. It is like trying to win custody because you cut your child's nails or hair. I know it bothers you but, in the grand scheme it isn't a big deal.

              Originally posted by Femme View Post
              He said that I absconded with our daughter, but really he gave me an eviction notice(obviously I would not leave our daughter).
              If you have evidence (written) then you can attach it to an affidavit. But, if it is a he-said she-said situation its tough to argue. So get evidence.

              Originally posted by Femme View Post
              He said he had no clue where we were for two weeks, but I had actually phoned him that same evening, leaving a message for him, telling him where we were, and he called me the next day.
              Phone records can prove this. You can get copies and attach to an affidavit.

              Originally posted by Femme View Post
              He uses me not having my driver's license against me--but he would not allow me to get it when we were married.
              Cars are a luxury. I don't think this will hold much weight. How does not driving make you a bad parent?

              Originally posted by Femme View Post
              He said that I was having extramarital affairs on him--but really he was on dating websites. Shortly after I left the apt after him giving me the eviction noticed, I found out that he was "seeing" a woman that he met on one of the dating sites. I never cheated on him and still remain single since our separation.
              This will backfire on him unless he has SOLID evidence. Extramarital affairs really have little value in family law these days. Unless, you are accused by the other party of accusing them of cheating and can flip the evidence back at them to demonstrate they are lie. The expectation in court is "the truth" so be very careful. If you did not have an affair just state you didn't don't throw his back at him and move forward. But, be warned (as I can only take your word you didn't) that if you did, even an emotional one, and he has solid evidence you could find yourself painted in a bad light.

              Good luck!

              Comment


              • #8
                "You should be requesting consent for the whole file from CAS. If they won't consent to the release of the investigation go for a motion for it."

                How does one go about doing this? Is it requested directly through the CAS, or do you have to file court papers?

                Comment


                • #9
                  Originally posted by Heart-broken dad View Post
                  "You should be requesting consent for the whole file from CAS. If they won't consent to the release of the investigation go for a motion for it."

                  How does one go about doing this? Is it requested directly through the CAS, or do you have to file court papers?
                  Good question. You can have your solicitor send over a letter asking that they consent to the release of the whole CAS file. If they don't agree that you will be seeking a motion for the release of the CAS file.

                  Generally, there should be no reason that any parent (my opinion) wouldn't want the file released by CAS. The parent who doesn't want it released is generally seen as the parent who has something to hide.

                  Hope this helps.

                  Comment


                  • #10
                    So I think this *Cross Examination* has been an intimmidation tactic so far.

                    I had got a new lawyer, our response was due to court by May 15. My lawyer wrote his lawyer a letter, trying to get a 4-way meeting between us/trying to settle this out of court.

                    His lawyer just didn't respond to her letter.

                    My lawyer ended up being late getting the response to the court. (I was so panicked during this time)

                    My lawyer has been in contact with his lawyer--He told her that he was busy up until August, so we may not even get a 4-way meeting until that time. The Cross Examinations have been *postponed*, really it doesn't sound like he even booked them to take place.

                    So if we don't have this 4-way meeting until August, this means that I'll have status quo of a year of our daughter living with me/him having access.

                    If he refuses to agree to a parenting schedule that is suitable in regards to his work hours, and continues to take me to court/trial....How likely would it be that a judge would grant him sole custody or shared week about custody?

                    I have proof that he has taken her to work with him, I have proof that he is working more jobs than he is admitting to/making his work schedules not suitable for a week about shared custody basis.

                    Comment

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