Announcement

Collapse
No announcement yet.

Ten tidbits about trial as a self-rep

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ten tidbits about trial as a self-rep

    Trial is complete. Decision will not be made for two months...but all things considered I felt that it went well. I had no idea what to expect going into trial. Watching trials on Youtube was only so helpful. I’ve listed below a few tidbits for self-reps that might come in handy...we all know that knowledge is power.
    1) Going to trial is better than you think you it will be. The thought of trial scared me so profusely that I totally caved in during my last settlement conference just to avoid going. Now...don’t get me wrong...it is no cakewalk...but neither is the process leading up to trial. If you got this far...you can do it. While it is always better to settle out of court...sometimes its not possible. If your ex is self-rep also...its more than doable...because you likely know way more than they do. Of course you do...you’re on this forum.

    2) Opening statements. If you are the Respondent...choose to give your opening immediately after the Applicant. In this way, you give the judge a roadmap of your argument and you don’t let your ex spouses opening sit and percolate in the judges mind with no opposing argument. Request the orders you want the judge to make, tell the judge what evidence you will be providing and tell the judge how your evidence will support your argument. If there is an obvious weakness in your case, address it now. If you don’t...opposing counsel will...and it will not be presented in the most favorable light.

    3)Do not let your ex-spouse take control of your cross-examination. I repeat, do not let your ex-spouse take control of your cross. CUT him off if he begins to ramble like a pompous as* and your cross starts to look more like a repeat of his examination in chief. Box him in with yes/no questions and stop the ramble with “thank you for that” and then move on to the next question. I got caught in allowing my ex too much leeway at the start of my cross and very quickly learned that I would have to be assertive to reign him in. Your cross should hurt his case not help it.

    4)A word about evidence. Present your exhibit...have your witness identify it...get it marked and submitted into evidence....then ask questions about it. You can’t ask questions before its admitted into evidence. I would recommend bringing two extra copies of your exhibits to court. One for the judge and one for the registrar who submits it. This saves a lot of back and forth and allows the judge to look at his own copy.

    5)Be organized...like super organized. Everything in file-folders or binders...easy access...clearly marked. You will be counsel and client...and believe me its busy up there and easy to get fuddled and flustered when you can’t find something. It would be extremely helpful if you have a photographic memory. I do not...so being super organized is the best I can do.

    6)Bring a trusted smart friend to court. This is seriously the best piece of advice I can give. Your friend will be able to give you an objective opinion on how things are going. You will not be objective. You can not be objective because you are too busy and stressed out...wondering how you ever married the as*hole that you are about to question on the stand. Trials are public...if your friend is not a witness...then you are good to go. When you are up on the stand giving your own testimony...you will have a friendly face to focus on at the back of the court. And at the end of trial..your drinking buddy is already with you.

    7)Stand up when you speak. Stand up, I tell you. My ex did not do this and looked retarded until the registrar finally caught his eye and raised him to his feet. Its a sign of respect. If its a long trial...wear good supportive shoes.

    8)Don’t go too quickly. The judge has to write all the very important stuff you are saying down. You will be able to see his pen from your position in court...so if it looks like he is madly writing and you have an important point...wait until he is ready. Especially important when referring to case-law. Let him get to the paragraph in your case first...and then make your point so he can mark the case with his pen.

    9)I had read somewhere that you weren’t allowed to take any materials up to the stand as your own witness. I don’t know if this is correct...but I could take just about anything that I wanted up. I took my exhibits and a cheat sheet of important points. I wouldn’t, in my opinion, write your examination in chief down word for word. It seems better to speak naturally from the heart. Its testimony...not a lecture.

    10) Bourbon on the rocks when you’re done. Not sure why..just seems fitting.

    If you have been to trial...please add to the list.

  • #2
    Great post, AP. Thanks for sharing your experience.

    Comment


    • #3
      Thanks Annapurna for the info about your trial! If you don't mind me asking, why a two month delay to get results?

      I am just heading to our first TMC later this summer and a trial is pretty daunting as a self-rep litigant!!

      Comment


      • #4
        Hey Youngdad...I think it is fairly common for a judge to reserve judgement until a later date in time. I guess it gives them time to write up the orders and put their thoughts/reasoning into place. I was told the judgement would be emailed and then cost submissions could be put forward.

        Ontariodaddy...thanks for adding in your experience. Wish I knew what you knew about cross examination before I went into trial. How right you are! Interesting what you said about motions...I prepared for two...but they both settled before I had to present. The factum for the long motion was a bitc*.

        Comment


        • #5
          That is great information. I bought the family law practice text book and have read lots and lots. What is missing is just the in between anecdotal info...how the rubber meets the road and the informal protocol that doesn't jump out of the pages...very helpful

          Comment


          • #6
            Headwaters1. Can you tell me where you purchased the family law practice book?

            Comment


            • #7
              Thank you for this

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X