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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-14-2019, 05:13 PM
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paco paco is offline
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Default SC/TMC preparation

We're heading to a combined SC/TMC very quickly. I know that I have to prepare a TMC brief, based on this my questions are:

Do we have to sign a statement of an agreed facts? What if she doesn't agree to anything, I just do my own statement of facts?

I also have to prepare an opening statement for Trial, are there any specific forms for these statements that I have to fill or just a simple word doc?

How to prepare the questioning of witnesses? I thought this will be done right at Trial, but not pre Trial. We're preparing the questions before Trial and then we're questioning the witnesses at Trial?

Do we need to prepare a joint document brief? What is that and what should contain?

Is there anything else do I need to prepare for SC/TMC? Thanks.
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Old 06-14-2019, 09:50 PM
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A joint statement of agreed facts makes life easier for the judge. It also shows you are reasonable. Send over a basic, non controversial Request To Admit with statements like when you married, names and ages of kids, items that are settled/not an issue (like child support, custody etc) address of matrimonial home. You can send another Request to Admit with other items you suspect may be disputed (like separation date, division of duties during marriage, debts owing etc).

Make your opening statement brief - the facts, the issue(s) bringing you to trial, what you want the court to order, the facts and evidence supporting your requested Order. This is just a draft, so the judge can see how much case management you need and if you even understand your own case.

The questions are again just a guide so the judge can see if you are approaching this as a legal dispute or a free-for-all expensive therapy session

My ex (and his lawyer) would not do a joint TSC brief so we each submitted our own and the Judge took the relevant pages from each to attach to the endorsement. Again, judges prefer joint as it shows a level of professionalism and decorum. The fact my ex’s then-lawyer refused to filed anything jointly was remarked on by the court. Most lawyers are smart enough to at least pretend to work together on these documents.
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Old 06-18-2019, 04:07 PM
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The TMC brief is unimportant generally. I imagine if it mattered that this be prepared jointly then that is how the lawyers would do it.

However the Request to Admit is evidence and can be very important. In BC it would have a part where you list some facts that you want admitted and another part where you attach documents and ask the opposing party to verify their authenticity. You may want to double-check to make sure you the rules permit you to serve more than one of these on your ex.
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