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  • Trial Record

    Outside of Conference briefs and I assume MIP certificates, what else from your Continuing Record does not go into and get tabbed in your trial record?

    Do you include all affidavits of service?

    Do you include all Financial Statements (Form 13) or just your most recent one of within the last 30 days?

    Do I have to do a summons if a family member (a parent) is on my witness list?

  • #2
    Anyone?

    It is due in the next few days and I am confused.

    Comment


    • #3
      Your trial record is to include:

      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.

      If it isn't in that list then it is not included.

      Citation: CanLII - Family Law Rules, O Reg 114/99

      Comment


      • #4
        Thanks Orleans Lawyer

        I did read those rules but to a self rep they are still a little confusing.

        So no affidavits, just Application, Response, and Answer?

        How does Agreed to Statement of Fact differ from a Request to Admit which you are supposed to file stating all the items you feel are facts and the other party responds to?

        Comment


        • #5
          Statement of fact is factual information such as date of marriage, separation, kids names and date of births , address of mat home etc.
          Request to admit is used to narrow down issues. So if you send her that my income is xx and she agrees then this is one issue that u don't need to fight over. For me it was useless because we didn't agree to anything. Depending on case to case this could be helpful or not.

          Comment


          • #6
            Trial Record

            Yes, no affidavit. Just application, answer , reply and all court orders, and CAS or OCL reports, trial management orders, list of things that you will rely on ... Of course if u are relying on an affidavit you will have to write it here... If u have talked about witnesses then u will have to summon them, your net family property and financial statement not more than 30 days, and transcripts that you will rely upon. Hope this helps

            Comment


            • #7
              Originally posted by OrleansLawyer View Post
              Your trial record is to include:

              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.

              If it isn't in that list then it is not included.

              Citation: CanLII - Family Law Rules, O Reg 114/99
              Are you really a lawyer?

              I liked your answer by the way, regardless.

              Comment


              • #8
                no affidavits [in trial record
                ]
                Correct.

                Agreed to Statement of Fact differ from a Request to Admit
                If facts are admitted then they are agreed. No further proof required.

                Are you really a lawyer?
                DISCLAIMER:
                Everything said in this, and any other, message is not intended to be taken as legal advice. I do not hold myself out to be a lawyer, adult or literate. Any resemblance this or any other message may have to legal advice or common sense is entirely coincidental. This message was generated through the combination of a monkey hitting a keyboard with a rock and advanced spell check software.

                Comment


                • #9
                  OrleansLawyer

                  The parties have not agreed to any facts, so which do I file if I want to try and get some facts agreed to and try from a strategy point to see what I can trip them up with?

                  So again I am not sure how the 2 documents differ as in both they ask for you to list out facts as you believe and the other party gets to respond.

                  Comment


                  • #10
                    The agreed statement of facts is information that you both agree upon such as how many kids you have, their names ages etc, ur date of marriage and separation ... Stuff that you two absolutely agree on.

                    Agreed statement is you ask her/him you agree that my income is x amount, you agree based on x income c.s is this., u agree that CAS has finished their report and we both are in agreement with the suggestions.... Anything that she agrees on, that issue is not something you have to prove in court. It's something the parties agree upon and there is no issue regarding that.

                    It's hard to explain but I hope u get my point. Maybe send her the statement of fact and jot down the factual info and if she says it's correct you tell the judge that this is the statement of facts... That will become part of your Trial management endorsement.

                    Also u give the sheet with request to admit to her and she confirms of she agrees or not. The things that you agree upon., you show it to the judge and that will also be included in your endorsement for trial.

                    This is done to let the trial judge know what information is agreed upon and does not require time to be spent on in trial.

                    I hope u get what I am saying :S

                    Comment


                    • #11
                      Thank you,

                      I guess the issue is the timing. We have had our TMC (in fact 3) and no statement of facts.

                      I am preparing the trial record and see it is supposed to be included if we have any. We do not but we should. Can I present it to her now?

                      Also I was told to serve a request to admit before trial to admit some things I believe are facts and as a way to get some documents in as evidence (a medical note that was already served and not opposed to as being factual).

                      Comment


                      • #12
                        Originally posted by ResponsibleDad View Post
                        Thank you,

                        I guess the issue is the timing. We have had our TMC (in fact 3) and no statement of facts.

                        I am preparing the trial record and see it is supposed to be included if we have any. We do not but we should. Can I present it to her now?

                        Also I was told to serve a request to admit before trial to admit some things I believe are facts and as a way to get some documents in as evidence (a medical note that was already served and not opposed to as being factual).
                        If you don't mind me asking, if you are in Ontario, what region are you in?

                        I am surprised to see you have had 3 TMC so far before a trial date was set. How much time has passed between the first TMC and your upcoming trial date

                        My first TMC is scheduled for later this summer and just wondered how many TMC are usually allowed and how far in advance a trial is scheduled after the last one.

                        Thx and Good Luck in your trial.

                        Comment


                        • #13
                          This helpful. Thanks Orleanslawyer.

                          Comment


                          • #14
                            Originally posted by ResponsibleDad View Post
                            Thank you,

                            I guess the issue is the timing. We have had our TMC (in fact 3) and no statement of facts.
                            I am also interested in how 3 TMC's have occurred. Did the judge refuse to allow your motion go to trial? If so, why? Missing info? failure to follow process?

                            Comment

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