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  • Trial Preparation

    Good morning all:
    Thanks for the add. I have been reading many of the posts and I have to say there is some really good useful and relevant information on here by many senior posters. What a great resource. The reading has been keeping me up at night. LOL

    I have a question. I am the Respondent and we are on the Trial List for January , perhaps next week. We are on the list and as its the GTA we could get called with 24 hour notice. I am self representing and have been doing my prep. The question I have is that the Applicant has not served a Trial Record so at this point I have no idea exactly what I am responding to. Is that typical? or do I just prep for everything and anything? The Applicant's lawyer served notice before Christmas that he no longer represents the Applicant.
    Currently, we have joint custody but Child ( 14) is with me the majority of the time.

    Thanks in advance for all your wisdom! Have a great day.
    I hope I have posted this correctly. If not, Ill ask forgiveness in advance

  • #2
    The question I have is that the Applicant has not served a Trial Record
    That is a problem. Ask your local trial coordinator how they deal with that. In some (most?) jurisdictions, if a trial record has not been filed then the case is automatically bumped to the next trial sitting.

    Also: you can file the trial record. Rule 23 sets out what goes in the trial record.

    so at this point I have no idea exactly what I am responding to.
    Their relief sought is set out in the application.

    The Applicant's lawyer served notice before Christmas that he no longer represents the Applicant.
    Since your ex is now self represented they may be ignoring the case or otherwise failing to prepare.

    do I just prep for everything and anything?
    Prepare your case and respond to their documents. Check the trial scheduling endorsement form to see what the deadlines were to serve documents. Since you are both self-represented, if people try to surprise each other with documents the trial judge will either adjourn the trial (if someone asks) or let it go ahead wild-west style. Expect to be scrambling every evening to deal with the stuff that came up during the day.

    Make sure that you have 5 copies of all of your exhibits: one for you, one for your ex, one for the witness, one for the judge, and one for the record. Keep them in a 3-ringed binder with an index so you look (and are) organized.

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    • #3
      Thanks for the reply. I am prepared and everything is organized and tabbed and I have organized a Trial Record for use.. I spoke to Duty Counsel today and they basically said the same as you. So I'll just make sure I am prepared on all issues and see where this goes.

      Thanks all for the great info...hopefully this time next week, this nightmare ( for court anyway) will be over.

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      • #4
        Hopefully, you settle and don't have to go to trial.

        Comment


        • #5
          think we are so I am prepping like mad. This site has been extremely helpful.

          Comment

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