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  • Form17e Trial Management Conference, opening statements

    Hello All

    Time fly and I have to attend Trial Management Conference in two weeks. And as before I am still kind of confused how to approach that section para [5]

    5. Attach an outline of your opening statement for the trial, including:
    (a) what you consider to be the undisputed facts;
    (b) the theory of your case on the disputed issues;
    (c) a brief summary of the evidence you plan to present at trial; and
    (d) the orders you are asking the trial judge to make.
    Does anyone has some sort of helping info? May be some examples? Other party brief was all about how horrible person I was... What I can disprove from my ex's own email but I can not clearly decide for myself should I really have to go that road?

    I would really appreciated some directional thoughts from somebody who being there ...

    Thank you

  • #2
    Only you know what you can disprove - can't help you there. But here's how I'd go about it...

    a) Are there any areas where you agree? list them here so that the judge knows that there is no reason to spend time on these.

    b1) For each issue that you disagree on, briefly describe it, and state your position. Hopefully, for each one, you can show examples from her emails where has she taken a position that is unreasonable, focusing on conflict between you instead of being child-focused, inflammatory, not working towards solution, ruled-by-emotion, and where your positions/responses are exactly the opposite.

    b2) Where she has made a false claim, briefly describe your position, and describe your proof of her lie.

    c) documents/items supporting points a and b.

    d) for the problems you are having, it is up to YOU to come up with solutions in the form of a set of 'rules' that you will both agree to abide by. You need to be specific on what you are asking for i.e. a list of clauses to be included in your court order. There should be a clear correspondence between the entries in a) and b) and what you asking for here.
    Last edited by dinkyface; 04-25-2011, 06:08 PM.

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    • #3
      First, remember that the TMC is not the trial - you don't need to refute each instance of 'lies' they purport in a brief. You need to focus on substantive issues for trial, you need to evaluate what you want from the TMC: orders, clarifications, evidence directions, behaviours, other issues leading to trial. Second, if opposition has raised issues of your disclosure, evidence, etc in the brief you must prepare a defensible explanation.

      I agree with dinkyface on his b1 and b2, but keep them brief and factual. Remember, this is for managing the evidence and issues for trial so that the trial mgmt judge can give opinion on all issues that can lead to an effective trial (all judges wish for this).

      Also, my local court house has huge form that needed to be filled in by both parties - sort of a super-endorsement. You might hit that on your way in and it will slow you down. It surprised us.

      Hope this helps - I wish someone had told me this before my TMC!

      FG

      Comment

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