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  • Documents Brief

    Hello All

    I am still alive and my trial did not start. I am preparing preparing preparing.. Getting to the point of complete exhaustion... I got the document from library called

    "Essentials of Trial Preparation"
    Conduct of a Family Law Trial, Law Society of Upper Canada Program
    20 October 2006
    Carole Curtis

    In section document for trial they talk about Documents Brief

    Documents Brief
    Start organizing the documents you will need for trial from the very start
    of the retainer. Be organized about the documents you intend to rely on
    at trial (about seeking them, collecting them, saving them, storing them,
    and presenting them at trial). Prepare a brief with the documents you will
    rely on at trial, serve the brief and file it at trial. If the disclosure is complicated, use more than one brief. Retain separate copies to file as
    exhibits. The brief is for ease of reference and for the use of the judge,
    so she can write on them if she wants to.
    Can someone give some example of etc? I kind can not get clear picture how that should be done and how.

    Thank you

  • #2
    One of the issues is faced in preparation for trial is the interchangeability of terms. For that reason I ask: what do you need a document brief for?

    Our justice called us the most prepared self reps he's encountered, and more prepared than many lawyers.

    There are three components to trial documents:
    1.Trial book as described in the Family Law Rules
    **The trial book is discussed in prior posts.

    2. Evidence
    **There are two ways to approach the presentation of evidence: document by document or in an evidence book. This can be affidavit copies or original submissions. If original ....expect to catch heat for non-disclosure (if material).
    Document by document is best for smaller evidence collections - bring 4 copies to trial and at each point you introduce the evidence, you ask permission to introduce and distribute to the parties and justice. The 4th copy would be used by a 3rd party witness on the stand if, if any.
    A book of evidence is what we used. This was a bound volume (I had 3 volumes) of evidence, with a thorough table of contents (page#, description, author, date of document). Our justices and court clerks used 'evidence book' and 'document brief' interchangeably. I would suggest that this is what you are looking at: all your evidence organized by chronology and themes, with a very good table of contents and tab index. This entire book or brief will likely be entered as a single evidence exhibit.

    3. Book of authorities
    **This is the collection of your case law and precedents. The justice will likely throw this out if you are self repped, so don't spend too much time on it.

    FG

    Comment


    • #3
      Originally posted by fieldgrey View Post
      One of the issues is faced in preparation for trial is the interchangeability of terms. For that reason I ask: what do you need a document brief for?

      Our justice called us the most prepared self reps he's encountered, and more prepared than many lawyers.

      There are three components to trial documents:
      1.Trial book as described in the Family Law Rules
      **The trial book is discussed in prior posts.

      2. Evidence
      **There are two ways to approach the presentation of evidence: document by document or in an evidence book. This can be affidavit copies or original submissions. If original ....expect to catch heat for non-disclosure (if material).
      Document by document is best for smaller evidence collections - bring 4 copies to trial and at each point you introduce the evidence, you ask permission to introduce and distribute to the parties and justice. The 4th copy would be used by a 3rd party witness on the stand if, if any.
      A book of evidence is what we used. This was a bound volume (I had 3 volumes) of evidence, with a thorough table of contents (page#, description, author, date of document). Our justices and court clerks used 'evidence book' and 'document brief' interchangeably. I would suggest that this is what you are looking at: all your evidence organized by chronology and themes, with a very good table of contents and tab index. This entire book or brief will likely be entered as a single evidence exhibit.

      3. Book of authorities
      **This is the collection of your case law and precedents. The justice will likely throw this out if you are self repped, so don't spend too much time on it.

      FG
      Thanks, fieldgrey
      You cleared it up little bit for me...

      Comment


      • #4
        fieldgrey you rock.

        Comment


        • #5
          Originally posted by fieldgrey View Post
          One of the issues is faced in preparation for trial is the interchangeability of terms. For that reason I ask: what do you need a document brief for?

          Our justice called us the most prepared self reps he's encountered, and more prepared than many lawyers.

          There are three components to trial documents:
          1.Trial book as described in the Family Law Rules
          **The trial book is discussed in prior posts.

          2. Evidence
          **There are two ways to approach the presentation of evidence: document by document or in an evidence book. This can be affidavit copies or original submissions. If original ....expect to catch heat for non-disclosure (if material).
          Document by document is best for smaller evidence collections - bring 4 copies to trial and at each point you introduce the evidence, you ask permission to introduce and distribute to the parties and justice. The 4th copy would be used by a 3rd party witness on the stand if, if any.
          A book of evidence is what we used. This was a bound volume (I had 3 volumes) of evidence, with a thorough table of contents (page#, description, author, date of document). Our justices and court clerks used 'evidence book' and 'document brief' interchangeably. I would suggest that this is what you are looking at: all your evidence organized by chronology and themes, with a very good table of contents and tab index. This entire book or brief will likely be entered as a single evidence exhibit.

          3. Book of authorities
          **This is the collection of your case law and precedents. The justice will likely throw this out if you are self repped, so don't spend too much time on it.

          FG
          I am actually trying to put together "Book of authorities"
          Decided to go through and read some info how to organize it and came across your message again.

          Why do you think like that ? I meant what is a difference? case is case and what is a difference who print it out ?

          do you have any examples how to organize it?

          I saw some from bunch of book what I went thou last month (24 to be exact)
          some saying that it should be organised by subject like
          CUSTODY
          CHILD SUPPORT etc.

          some by type like
          ARTICLES
          CASES


          and I am not clear about do I have to put exec to put exect text from each what I want judge to read?

          do I have to pit whole article which 30 pages when I need only conclusion ?

          any suggestions??

          thank you

          Comment


          • #6
            The word 'authority' suggests a position that the courts generally do not grant to SRLs.

            That said, you can prepare case law for your closing arguments - but keep them tight (select only the most relevant and keep it 3 to 5 cases). The reason the whole case needs to be included is because common law is context sensitive and depends on interpretation , and justices look to understand the reasoning of a decision, not just outcome. If you force them to go research the background yourself, you will lose their attention.

            Therefore, provide the entire decision and highlight the passages that are relevant, to guide your justice. Highlight the reasoning parts, not just the conclusion! Try to use cases that have cumulative demonstration of your point in law (ie case law which makes reference to other relevant cases that show a clear pattern of accepted interpretation of law).

            Organization varies lawyer by lawyer, there is no perfect way to organize it - except the way that it is perfect for your case . Such is common law.

            Always think of this from the position of the justice: who is this untrained SRL in my courtroom pretending to understand the complexities of case law? Unless we grasp that obstacle we cannot impress a justice except by luck. Luck is no way to go into trial.

            FG

            Comment


            • #7
              Can one could ask leave of the court to permit one's book of authorities to be entered into the Trial Document given that it intertwines with the Trial Book and the Evidence Book to form a Trial Document that is greater than the sum of it's parts?

              If yes, then when is the best time to ask?

              Comment


              • #8
                Originally posted by FamilyBlah View Post
                Can one could ask leave of the court to permit one's book of authorities to be entered into the Trial Document given that it intertwines with the Trial Book and the Evidence Book to form a Trial Document that is greater than the sum of it's parts?

                If yes, then when is the best time to ask?
                Yes:

                Best time to ask. At a Trial Management Conference or if documents become relevant they can be entered into the record at trial so long as they are relevant. You can do this voir dire if necessary. (Search WorkingDad's threads on how to do it.)

                Book of Authorities are important elements and as the case evolves before the court new elements of case law may become relevant in the matter. You can request a technical order at trial to bring them forward as they evolve.

                Generally the BoA is reviewed after both parties close their matters. So, you can ask after the matter is ending to bring forward new elements to the BoA for which you want the decision to rely upon.

                Good Luck!
                Tayken

                Comment


                • #9
                  Thank you Tayken!!!

                  Your knowledge and willingness to share information is appreciated much more than you can possibly know!

                  Comment

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