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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-24-2013, 11:26 AM
metro metro is offline
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Question Trial Record...

I was served Trial Record by Applicant, which contains only Application, Answer, court orders(not all related to disputed issues). I and My ex are both self rep. I thought my ex to serve me with his evidence and written submission that to be used and presented at trial with Trial Record but nothing there...
I am confused that if we are allow to file them after 30days before or just bring them with him on the trial day.

Also, I know that my due is 7 days before(for Respondent) trial day, but I am not sure what type of document need to be served/filed with Trial Record before my due. I assume that will be Evidence(Can I include that e-mail, police record, any court document from past motion?), or written submission(I assume this is like affidavit?) but could anyone please confirm with me?

Thank you,
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Old 09-24-2013, 02:17 PM
OrleansLawyer OrleansLawyer is offline
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As per FLR:
Quote:
RULE 23: EVIDENCE AND TRIAL

TRIAL RECORD

23. (1) At least 30 days before the start of the trial, the applicant shall serve and file a trial record containing a table of contents and the following documents:
1. The application, answer and reply, if any.
2. Any agreed statement of facts.
3. If relevant to an issue at trial, financial statements and net family property statements by all parties, completed not more than 30 days before the record is served.
3.1 If the trial involves a claim for custody of or access to a child, the applicable documents referred to in rule 35.1.
4. Any assessment report ordered by the court or obtained by consent of the parties.
5. Any temporary order relating to a matter still in dispute.
6. Any order relating to the trial.
7. The relevant parts of any transcript on which the party intends to rely at trial.
8. Revoked: O. Reg. 6/10, s. 8 (2).
O. Reg. 114/99, r. 23 (1); O. Reg. 202/01, s. 6 (1, 2); O. Reg. 6/10, s. 8 (1, 2).

RESPONDENT MAY ADD TO TRIAL RECORD

(2) Not later than seven days before the start of the trial, a respondent may serve, file and add to the trial record any document referred to in subrule (1) that is not already in the trial record. O. Reg. 114/99, r. 23 (2).
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Old 09-24-2013, 02:20 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
but I am not sure what type of document need to be served/filed with Trial Record before my due.
As per above.

Quote:
I assume that will be Evidence(Can I include that e-mail, police record, any court document from past motion?)
If they are part of your agreed statement of facts or document book, they could go in. Otherwise they need to be introduced at trial as exhibits. They should have been disclosed ages ago.

Quote:
or written submission(I assume this is like affidavit?)
Trial is oral.
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Old 09-24-2013, 04:38 PM
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Quote:
Originally Posted by OrleansLawyer View Post
As per above.


If they are part of your agreed statement of facts or document book, they could go in. Otherwise they need to be introduced at trial as exhibits. They should have been disclosed ages ago.


Trial is oral.
Quote:
If they are part of your agreed statement of facts or document book, they could go in.
Sorry, but what are "agreed statement of facts" and "document book"?
Quote:
Otherwise they need to be introduced at trial as exhibits. They should have been disclosed ages ago.
Do we have to disclose all the exhibits that we are going to rely on at trial?
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Old 09-25-2013, 11:20 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
what are "agreed statement of facts" and "document book"?
An agreed statement of facts is a list of facts that are not in dispute.

"Our children are named X, Y and Z and born Date1, Date 2 and Date3".
"Party A has income $$$, Party R has income %%%".

A document book includes documents both parties agree should be entered as exhibits.

Ex:
Tab 1 - CAS report
Tab 2 - records of business BBB for 2009
etc.

Otherwise, all of the evidence will need to be brought up at trial. Unprepared parties can waste weeks of trial time to enter facts that should reasonably have been worked out beforehand, or get documents into the record.

Quote:
Do we have to disclose all the exhibits that we are going to rely on at trial?
If someone tries to enter an exhibit you have never seen before, a reasonable argument is "hey, I haven't seen this before, I don't agree to it being entered in" and the judge can refuse to see the exhibit.

Every piece of paper evidence (which will become exhibits) should have been disclosed months before trial, and arguably months before the settlement conference.
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Old 09-25-2013, 12:56 PM
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Quote:
Originally Posted by OrleansLawyer View Post

Every piece of paper evidence (which will become exhibits) should have been disclosed months before trial, and arguably months before the settlement conference.
Our trial is in 2 months. My ex has claimed to be unemployed but ive just recently discovered that he is an exec at a very large tech company. I let him and his lawyer know I knew but still continue to pay to child support. Just wondering if I can include this in the agreed facts. Or should I provide them with my proof?
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Old 09-25-2013, 02:02 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Just wondering if I can include this in the agreed facts.
Is the fact agreed to? How do you know?

There are a lot of nuances to trial, and requests to admit. You may wish to discuss this with a lawyer.
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  #8  
Old 09-25-2013, 02:07 PM
takeontheworld takeontheworld is offline
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Quote:
Originally Posted by OrleansLawyer View Post
Is the fact agreed to? How do you know?

There are a lot of nuances to trial, and requests to admit. You may wish to discuss this with a lawyer.
I found a press release with his name on it. I looked up the company number, called and asked for him. I then proceeded to speak with him.
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Old 09-27-2013, 10:25 AM
metro metro is offline
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Thank you, OrleansLawyer. I think I figure it out. I thought I need to include "Evidence"(supporting document, exhibit) in trial record, but I guess not. Do I hand it out to the judge on the day of trial?
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Old 09-27-2013, 02:08 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Do I hand it out to the judge on the day of trial?
If facts have not been agreed to, then you need to prove them at court.

Documents will be entered as exhibits if there is not an agreed to document book.
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