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What's it called when you take a judge aside to discuss something privately?

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  • What's it called when you take a judge aside to discuss something privately?

    Thanks in advance.

  • #2
    I think the proper legal term for that is "mistrial"

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    • #3
      Originally posted by Janus View Post
      I think the proper legal term for that is "mistrial"


      Lol. I think he might be referring to a voire dire.


      This is not YOU talking to the judge privately. It’s both parties lawyers asking for a private discussion on a point of law that may or may not be admissible.

      You should probably give us more context?


      Sent from my iPhone using Tapatalk

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      • #4
        American courts have a concept called 'sidebar' where counsel will approach the Judge to address a matter in court 'off the record'. This is not a Canadian concept and do not practice this here. Neither lawyers nor self-reps can contact a judge privately about their case. No Judge would entertain such a discussion and if the discussion occurred they would be conflicted out of any further involvement with the file.

        A voir dire is a 'trial within a trial'. Usually done in matters with jury trials (such as criminal or certain civil issues) where a piece of evidence may or may not be admissible. The jury is excused and then the Judge rules on if a piece of evidence is or is not allowed. A voir dire can also be done in a trial without a jury, and if the Judge concludes the evidence is not admissible, they are not permitted to rely on it when rendering their decision.

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        • #5
          What's it called when you take a judge aside to discuss something privately?
          Very rarely, the judge can summon both lawyers to discuss something in chambers (essentially, the judge's office). The conversation can be an idea for settlement (if it happens at a settlement conference), or the judge can scold one or both of the lawyers if something stupid is happening.

          How often this occurs depends on jurisdiction; some judges are more likely to do this, while others will never do this.

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          • #6
            Originally posted by OrleansLawyer View Post
            How often this occurs depends on jurisdiction; some judges are more likely to do this, while others will never do this.
            Region of Peel - Lots of chamber action. Two of the judges just lose it on lawyers right in the courtroom. They even invite lawyers in the hall into the room to hear it.

            Toronto - In-chambers discussions are common.

            Durham - Rare that either happens.

            Halton - One judge there does it a lot.

            Hamilton - Mixed bag... Depends on how annoyed Pazaratz is. I haven't seen Chappel ever do it.

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