Documents for Trial

[416excouple]

Is it true once you are going to trial ( trial scheduled), there is no affidavits for trial? only all materials ( affidavits etc) from earlier stage of the case I.e motions, settlement conference will be submitted for trial

Is it true that trial is largely oral arguments of existing evidence ?

[Jeff]

The trial Judge goes in fresh without seeing anything other than the pleadings, previous court orders, and perhaps a draft opening statement.


Just because something is part of the court file does not mean that the trial Judge will see it, or even that you will be able to get it admitted as evidence.



Typically, evidence is given live. If you want to submit evidence via affidavit, you need agreement from the other party or permission from the court:


Family Law Rule 23(20):

A party may request that the court make an order under clause 1 (7.2) (i) permitting the evidence of a party or witness to be heard by affidavit or another method not requiring the party or witness to attend in person.

Affidavit evidence at trial would normally only be led in fairly uncontroversial matters.

[416excouple]

Thank you Jeff. This is surprising to me as I did not know. That means in addition to previous orders, only the "Primary affidavits" are allowed- 13.1, 35.1 as well as the Application, Form 10? Can I serve an affidavit though to the OP on contents I want to refer to in trial? Also, does it means all the affidavits from previous motions are garbage and can't be included in trial record? That explains it why trials take days

[pinkHouses]

What about endorsements.
What about items from the previous file?

[StillPaying]

Before trial you serve and file a trial record and document brief.

Anything you're looking to use, including previous affidavits, exhibits, documents, emails, texts, letters, everything... you'd provide a copy to the other side beforehand, and hope to get them accepted as you go. Some surprise documents can still show up if needed or you previously knew about them.

[416excouple]

Is Documents brief = emails, pictures etc?

I thought previous affidavits can't be used in trial?

[StillPaying]

A document brief is a binder filled with all the evidence you hope to use to prove your side and disprove theirs.

Previous affidavits can be used (yours and exs). You can also use an affidavit to get a witness' testimony in, however would be almost meaningless by not allowing ex to cross examine

[416excouple]

Thanks . I saw this online too...

Documents as evidence

Documents that are admissible as evidence are submitted as exhibits during the trial. Admissibility means that the document is relevant to your case and genuine.

You can use admissible documents as evidence either when you testify or when you are questioning a witness who can testify about the document. If anyone disagrees about whether a document is admissible, the judge hears submissions from both parties and decides whether it is admissible.

Ideally, you should have prepared a brief listing all of the documents that you plan to rely on at trial, which is called a document brief. You and your ex-partner should exchange document briefs well in advance of your trial. If you haven’t prepared a document brief, you should bring the originals and four copies of all documents with you to court.

Don’t forget that you must let your ex-partner know about all documents that you plan to use at trial before the trial begins. See rules 13 and 19. If you haven’t done this, you may not be allowed to use the documents at trial, the trial could be postponed, or you could be ordered to pay costs.