TRIAL RECORD...a big secret

MrToronto

MrToronto

New member
what gives what's the big secret on making a Trial Record...if you know a little or a lot please add to this thread. Thank-you

1) Cover sheet....Index

(Tab)? any colour? 3 hole ..or no tab?

2)Application...the original one...even with all the attachments?

(Tab)?

3)Reply....same thing do you just copy it all and include it

(Tab)?

4) agreed facts....is that based on expired Admit Form 22...or affidavit of doc's or both?

(Tab)?

5) Updated financial statement.....do you do a form 13 and file it here does 6b go in here too?

Back sheet....any specific colour....


I asked for a written opening statement...where does that go...do I make an affidavit and include it somewhere in the index?

book of authorities...book of evidence....where do these things go...do you just bring them to court?.
How about questions for ex ..do you have to show anyone the questions?

No I don't want to waste 10-20 thousand dollars on a lawyer to file forms....I'll pay the ex the cash if I lose at least some will go to the kids not the lawyers Porsche:eek:
 
MrToronto, great starting post. I'm looking for all the same answers as well, maybe someone that has gone through it can post a guide.

Question for you: Would you know how I would go about submitting "new" evidence to be used at the trial? Do i start throwing in more affidavits in the Continuing Record now and then re-use those for the trial record?

Have you gone through a Settlement Conference and Trail Management Conference yet?
 
To add evidence prior to trial where it is not already in the contueing record I believe you would serve it to the other party using the Request to Admit form. This gives the other party a short period to respond to the new evidence.

Book of Authorities or Book of Evidence: Just assemble as a different package that is tabbed/indexed.
 
I went to a TMC and did that form they hand you to define what you want to do for trial...some kind of endorsement form...anyways ...one question was to amend pleadings...I checked of "yes" (it had been so long new stuff came up) anyways when I went into TMC 20 minutes later...it was ignored about changing or amending pleadings....I should of spoke up about it....if you say nothing the Judge whisks along checking his own boxes and your stuck with your original "motion" that is probably outdated with the issues. Now I got too many old issues and not enough new issues....Second thing I read some CANII Law about Trial Records found a case where both parties did not file a Trial Record and the Judge with the parties agreement used the Continuing Record stuff....lol......which makes sense in the first place everything's there!
 
with regard to admits Form 22 and Info Form 20.....I've sent lots of them and filed them with a 6B (remember it's not serve and file...is serve, do a 6B then file) and a affidavit (form 14) 1)swear, serve it, 6B, file it.....Now instead of confusing everything I'm just basically going to do what Family Law Rules 23 says....make a Trial Record (what I think it is...modified continuing record form. Cut and paste Trial Record in Continuing record spot) and add the Application and Answer...and see if I can file it(I won't serve it till it's rejected by the Court Clerks. They reject everything I file..lol) once I correct my mistakes...I'll serve and file. This is a trial the best way to get evidence,,is questioning ur ex on the stand...and I'm going to try to turn exhibits into evidence at the trial....if I can figure out how to add affidavits from cont. rec I'd love to know..here are my two other problems...filing my written opening statement somewhere I read you do it just before trial I assume 7 days but where? and updating the financial statement but where before trial...the trial record or continuing record for this stuff....sheesht right now K.I.S.S keep it simple stupid applies
 
If you are in toronto there is a really great resource called Fathers Resource and a support group you can go to every wednesday.

A trail record is easy to make up.
From the family Law Rules in Ontario
RULE 23: EVIDENCE AND TRIAL
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).
O. Reg. 114/99, r. 23 (1); O. Reg. 202/01, s. 6 (1, 2); O. Reg. 6/10, s. 8 (1, 2).

RESPONDENT MAY ADD TO TRIAL RECORD
(2) Not later than seven days before the start of the trial, a respondent may serve, file and add to the trial record any document referred to in subrule (1) that is not already in the trial record. O. Reg. 114/99, r. 23 (2).

So as you can see the trial record is easy to create.

Now if you need to add to the evidence you can do it 2 ways that I know of.
You can file and serve a Document Brief of Evidence
Mine was over 1000 pages. each document needs it's own tab.

If you are submitting a large document that has no page numbers, such as the OCL's notes from their assessment, I would put all under the same tab and use Bates numbering to number the pages so that you can direct the judge and the assessor to the correct page.

I believe I had over 40 tabs

You simply need to serve it on the other side when you file your trial record.

With regard to financial statements, in the trial record, put in every one that was served so that you can compare them and find inaccuracies.

Affidavits go into the document brief or by themselves by adding them to the evidence at trial.
Note each document in your brief will need to be added as evidence at trial. And at that time will be given a evidence number.

Now to swear the document brief, you can simply file the brief as a affidavit with the entire document brief as a appendix sworn to be true.
In my 12 day trial I didn't need to do this, as the clarks side it didn't need to be sworn to be put before the judge.

You need copies of everything you bring to trial.
one for yourself, for the other side, for the judge for him to make personal notes on, one for the witness and that one gets filed with the courts.
 
With regard to changing your pleadings before trial. You can't do this trick if you have a lawyer, or if you are completely changing your pleadings.
For instance you can just before trial add property issues to be dealt with at trial if you haven't already claimed that issue.
You can right before trial file a updated 35.1 (affdiavit in support of access and custody) and in there change from asking for joint to asking for sole, or vis versa

Then when you start trial, simply go in and before anything starts stand up and ask to speak, state that you tried to have your pleadings changed before but weren't able to. You would like permission to change them now, and you don't believe their would be any costs associated with the change since it is only changing your position with regard to an existing issue.
If you judge accepts your golden, if the judge refuses, simply say
"Thank you, your honor I would like it to be on the record that I requested that I be able to change my position on an existing issue. before trial."
Thank you your honor.

While at trial, always protect the record. If you argue with the judge and they don't agree, simply state I would like that on the record that I requested xxxx

Remember if your self represented, they can't give you advice but they have to give you a little move because you are not trained as a lawyer.

At all times frame things as to how it reflects the best interests of the child and if it is procedural frame it around the prime directive.
Again from the family law rules.

PRIMARY OBJECTIVE
(2) The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

DEALING WITH CASES JUSTLY
(3) Dealing with a case justly includes,
(a) ensuring that the procedure is fair to all parties;
(b) saving expense and time;
(c) dealing with the case in ways that are appropriate to its importance and complexity; and
(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).

DUTY TO PROMOTE PRIMARY OBJECTIVE
(4) The court is required to apply these rules to promote the primary objective, and parties and their lawyers are required to help the court to promote the primary objective. O. Reg. 114/99,
r. 2 (4).

DUTY TO MANAGE CASES
(5) The court shall promote the primary objective by active management of cases, which includes,
(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;
(b) encouraging and facilitating use of alternatives to the court process;
(c) helping the parties to settle all or part of the case;
(d) setting timetables or otherwise controlling the progress of the case;
(e) considering whether the likely benefits of taking a step justify the cost;
(f) dealing with as many aspects of the case as possible on the same occasion; and
(g) if appropriate, dealing with the case without parties and their lawyers needing to come to court, on the basis of written documents or by holding a telephone or video conference. O. Reg. 114/99, r. 2 (5).

You can get away with some stuff if you refer to the prime directive.
 
Remember include all financial statement, all orders, all endorsements, all 35.1

This way you can question the other side as to how things have changed during the proceedings and how and why their views have changed. Such as parenting plans.

I would go to Staples and buy the binder dividers they have ones that go up to 50 tabs package 1 is 1-25 package 2 is 26-50

With regard to video and audio, burn it on cd or dvd and place it in the document brief in a cd holder again 4 copies.
 
When it gets to openning statements you can serve it with the trial management brief, or in the document brief.

When writing the opening statement, start with the closing statement as if you have presented the perfect case, state what you have proved to the courts, or shown the courts or remind the courts what has happened. The use that as a template for the opening statement.
You honor will hear about, I will demonstrate, I plan to show.

opening statement / closing statement should be less than 5 pages and or 5 minutes.
 
Thank-you for taking the time, that was wealth of information involveddad provided. There is another obstacle or friend it's called the Court Registrar or Trial Registrar this persons phone number should be obtained, (from what I hear) this person schedules trials and determines if your case is a Long motion (which gets scheduled months and months into the future) or short motions (which get you into court faster because it'll take a few hours to resolve). Nobody wants to spend days in court and have it slated to take place .....in a place far far away in the distant future(star wars theme)...how can meaningless issues be dispensed with to get to core issues. Now I read that the lowly confirmation form you dump in the court bucket (after checking off "going ahead on all issues" ....we all do that) you can "add a paragraph or attach one to it" to say these issues are not going forward and these issues will be....apparently that makes court registrars or judges happy and hastens scheduling.....anybody else can add to this it'd be appreciated
 
updated financial statements are Form 13's that have to be sworn at court first then served then filed with a 6B.....but not clear if it goes into Trial Record or Cont Rec. and will clerk update (if it goes into trial record index)

Request for Admits Form 22...that are expired after 20 days ..that are now deemed confirmed facts......where and how do they go....are the documents stripped from the form and thrown into a document brief... it would be nice that Form 22 and Form 20 appeared somewhere to prove that you tried to get facts and failed...other than a blurb in Trial Record index...(or cont rec index). I have statements not just documents I want ex to confirm! and disclosure from the form 20 -information requests..remember just serve the form 20 and 22 then file them with a 6B...
 
Ok I think people are confusing the two.
Everything filed in court going into the continuing record, it is the file located at court. At trial a new judge (new that has not had any dealing with the case) steps in, he is not suppose to read the continuing record as all the affidavits are untested. So he is provided with a Trial Record.
See previous posts for how to make this. But this is only done when you go to trial.
Basically the trial record is a abbreviated continuing record. The continuing record is always kept intact and you have to copy it to make the trial record.
No affidavits go into the trial record remember they are untested statements.
 
what does this mean... Involved......."The continuing record is always kept intact and you have to copy it to make the trial record"....can u elaborate my CR is 12 year huge..... the updated financials...form 20 and 22's and affidavits re open/close statements, doc brief go into the CR....and from there you make copies(or bring copies) to Trial to ask if they can be added to TR?...yes ty I have the co-ordinator numbers and your rep went up ..lol
 
Just what I said before, the court records are the continuing record.
You should have your own complete copy of the continuing record, if you have a lawyer they will have a copy.

When you build your trial record, remember Trial Judge doesn't typically look at the continuing record. they are given a trial record which is created about 30 days or less before trial.

When I say put in all your ex's financial statements I mean the most recent ones, or ones that will show your position be it they are lying about money, or that they are living beyond their means, or that they are under employing themselves. What ever it is.
My case was 1 1/2 years long, and my ex filed 3 different financial statements all slightly different from each other. My new gf was a CGA and she went through them all with a fine tooth comb, and produced a list of questions to ask my ex.

So yes you take your continuing record and build the trial record.
If your the applicant they normally do it, but even if you are the respondent, make sure you do your own trial record as I have heard time and time again that when the Applicants mothers lawyer does the trial record they will leave out all endorsements that aren't in her clients favor. So file your own just call it the respondents trial record.
 
point 3 of rule 23....agreed facts.......is that for previous final orders, endorsements, and separation agreement. or does that stuff go into another tab all on it's on. If they go on there own what would the label or title be...Orders? or Agreements...or endorsement section?
 
I would say each document goes into it's own tab in the trial record.
I.E. every order every endorcement gets it's own tab.

The statement of agreed apon facts would get it's own tab as well. I never used this form, instead I used request to admit.
 
Help, do I need to file a Trial Record

Help, do I need to file a Trial Record

I saw in this thread something about using the continuing record instead of the Trial Record. Is that allowed? I was supposed to have filed apparently a Trial Record by April 1 and didn't realize it was different from a Trial Management Brief. My fault, procrastination. But in my defense, I had called the trial management office to see what needed to be done to prepare and they said nothing....just wait to be called.

Any advise? Can I file it late?
 
I am the Applicant. After our last Settlement meeting, the judge gave us a Trail Management Endorsement. In the section that says "Trial Record already served and filed, she checked off yes but below it said " If not: Applicant to serve and file by April 1, 2013, Respondent to supplement serve and file by April 15th.

When I spoke to the trial management office back in March, I asked if anything was due to be filed prior to court. Her response was no, that the record indicated that a Trial Record had been filed. I was confused at the time and thought she was referring to the Trial Management Brief which was done a year ago prior to the Trial Management Settlement Conference. On the endorsement it also says that a follow up TMC is not required.

I do know that a fresh Financial Statement is required but I have not received one from my ex, I am preparing one anyway but unsure of how and when it needs to be served and filed. Do I serve it first, then file? I assume it should have been part of what is called the Trial Record however, that was never prepared. I read in one of the posts that the continuing record may be sufficient but am wary of having evidence entered somehow. I have a transcript of my ex's questioning that I need to rely on for trial that is not part of the continuing record. How do I get that into evidence? Or is it considered a part of the evidence already by the mere fact that it is a formal questioning transcript of which my ex has a copy of.

I can easily put together a Trial Record however, if the court record is showing it as being already served and filed (as per judge's checked off box on her endorsement) then I assume I will not be able to file it.

A little confused about what is allowed or is needed and I can't seem to find or get straight answers to that.

Thank you
 
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