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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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Old 05-15-2011, 09:45 PM
fieldgrey fieldgrey is offline
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Default for those who have been to trial: a question

If you've read any of my posts in the last weeks, you'll know I'm headed to trial in the next few days. I am seeking variance to spousal support due to change in income. We are both self repped (she had a lawyer for first 9 months until her credit cards ran out).

Anyway, Friday we exchanged evidence books. The evidence books are over 1,200 pages of documents. As the facts have become clear to her, she has shifted her strategy to focusing on pre-trial 'conduct and disclosure' as way to discredit me. I admit I made mistakes on the path to trial, mistakes either of ignorance as self rep, or occasional ego. However, the facts and disclosure after a year are now clear, and where there are gaps, direct testimony of witnesses in trial will make it perfectly clear.

The question is for those who have experience at trial: how much weight does the trial judge give to the pre-trial issues issues?

FG
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Old 05-16-2011, 07:53 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by fieldgrey View Post
If you've read any of my posts in the last weeks, you'll know I'm headed to trial in the next few days. I am seeking variance to spousal support due to change in income. We are both self repped (she had a lawyer for first 9 months until her credit cards ran out).

Anyway, Friday we exchanged evidence books. The evidence books are over 1,200 pages of documents. As the facts have become clear to her, she has shifted her strategy to focusing on pre-trial 'conduct and disclosure' as way to discredit me. I admit I made mistakes on the path to trial, mistakes either of ignorance as self rep, or occasional ego. However, the facts and disclosure after a year are now clear, and where there are gaps, direct testimony of witnesses in trial will make it perfectly clear.

The question is for those who have experience at trial: how much weight does the trial judge give to the pre-trial issues issues?

FG
From the trials I have witnessed with self represented litigants the judge tends to take a different path. If they are errors in the interpretation of law the judge will correct you on them. I am sure as both self rep going to trial the judge is going to have a lot of instruction.

You are expected to understand the law if you are representing but, judges tend to help both litigants in this situation.

Disclosure is key. So many people cry "privacy" in these matters but often forget that they have taken their matter to a PUBLIC SYSTEM to solve. If children are involved there is no privacy. So if you are failing to disclose things that were asked for and hiding behind "privacy" it is a common mistake.

If the documents that were requested or disclosure is not relevant and you feel it isn't then state it. If they are in fact relevant the judge will tell you and you will have to produce them.

If the "ego" things are related to parenting... You will hear from the judge.

Here is a really interesting decision about a high conflict situation between two self-represented litigants. Check out how the judge solved the problem. Very creative and excellent idea. He had both litigants write book reports. Note his list of books he wanted the report on. Very wise and very GOOD choices.

CanLII - 2009 CanLII 38785 (ON S.C.)

Check out paragraph 50.4 for what I am talking about in the decision.

Hope this helps!
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Old 05-16-2011, 09:12 AM
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Epona Epona is offline
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I have no idea. When I took my ex to court last year to change child support, we went straight from case conference #1 to a trial (though I was expecting a settlement hearing, per the Judges endorsement from the case conference).
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