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SC Brief and the Trial

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  • SC Brief and the Trial

    Greetings...

    Apologies if it seems like I'm asking the same question(s), but it's my first time through this (self-rep at my own divorce trial) and there are subtleties I'm not clear on...

    I'm assuming the mountain of paperwork created up until now becomes the mountain of stuff before the court. I'm working hard on the TMC sticky as I type.

    Question 1: Will the SC brief(s) be part of this mountain of stuff?

    I'm asking because I know the SC is "without prejudice"... but is the SC Brief itself "without prejudice"? This is relevant as she raises a whole pile of new issues in the SC Brief... but they're not on the application. Sooo... must I be prepared for the trial (with evidence/disclosure) to counter these new issues raised at the SC?

    Question 2: Can I issue a new financial "disclosure" (mostly CC receipts, bank records, etc) at this late date (trial in 6 weeks)?

    As always... thanks folks... you're great

  • #2
    I know the SC is "without prejudice"... but is the SC Brief itself "without prejudice"?
    Yes, the SC brief is without prejudice.

    Question 2: Can I issue a new financial "disclosure" (mostly CC receipts, bank records, etc) at this late date (trial in 6 weeks)?
    Yes. This will assist in making your agreed statement of facts.

    I'm assuming the mountain of paperwork created up until now becomes the mountain of stuff before the court.
    The trial judge will read your trial record. See below for what that includes.

    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).

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