Announcement

Collapse
No announcement yet.

How to get evidence into trial??

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

  • How to get evidence into trial??

    I have an upcoming trial in 3 weeks. Can anyone outline for me the process of how to get my documents accepted as evidence for trial? I am not sure if I understand the process correctly. As i see it....
    1) prepare exhibits/serve/file?
    2) determine authenticity while in court (how this is achieved I am not exactly certain?) Anyone know?
    3) mark exhibit to be introduced as evidence and submit to court during trial.

    If someone had a link to an article or a can fill in the details, I would appreciate it. My trial material is, I hope, fairly straight forward and not extremely complex ( section 7 etc) but I would like to be clear on the process as I am self-rep. Also duty counsel told me that I can take material to trial that has NOT been served as exhibits and introduce them as required. THe trial management endorsement, however, clearly states that NO exhibits other than those disclosed can be relied on at trial without a court order. Does this mean duty counsel was wrong??

  • #2
    you cant pull out an ace from your sleeve in family law trial )

    If you feel like it send me a message as my friend just did one today so we can explain it to you IN DETAILS.

    Or someone may give you a satisfying answer here.

    Comment


    • #3
      I can only give you an answer for questions 1 and 3 if you are located in Alberta as I only the know the process here, but as for the question about the onus on you to prove authenticity, it's not required.

      It is on the other party to do that. Stuff like emails, texts etc is considered evidence. It is up to the other party to prove they were faked. Screenshot of text message or email print out is enough for authenticity.

      Most of my exhibits were emails and text screenshots and judge didn't question. I even had a transcribed audio conversation. I wouldn't have won without them.

      The key I think is that you need to use it to establish a clear pattern of behavior that your texts, emails, audio, documents (schedules, photo journals etc) show. My ex didn't question it, but then how could she, she would have to say I doctored every single text, email, audio, document, photo....
      Last edited by FirstTimer; 04-30-2015, 12:19 PM.

      Comment


      • #4
        No your duty counsel is not wrong. You are allowed to introduce materials during trial that have not been disclosed prior to trial, HOwEVER it's upto the judges discretion to allow it or not. The other party can also object and provide a good argument and u might not be allowed to show it. At the end it is upto the judge! But you can't go wrong if u disclose everything prior to trial to the other party.

        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