TRIAL RECORD...a big secret

Sorry, forgot to add. I am part of what is called the "May sittings" which I am told that I have to be ready to go to trial with at least a 24 hour notice. It may occur at anytime in May but I have to be ready for May.
Which makes it a little hard to plan....my witness, our tax accountant knows he is to attend but I can't serve him with a summons when I do not know the actual date of trial!
 
involveddad75 said:
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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.

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.
Click to expand...

I'm still not clear;
1. Will the "Document Brief of Evidence" include all affidavits an exhibits in the Continuing Record?
2. Can i add "NEW" evidence that is not in the CR now? if so, how? in affidavit form?


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.
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1. "Document Brief" this is different from the Evidence Brief mentioned above?
2. Can "NEW" affidavits go in here?

I'm really confused as to how to introduce new evidence, i'm not getting a clear picture, even after reading all this.

So, let me break down like this:

1. We went through application, reply process
2. Went through case conference
2. Motion was brought, affidavits and replies done.
3. Now we are at settlement conference stage

New events have occurred that i will like to bring up and use at trial; How do i submit this? By way affidavit and Exhibits? Server and file into continuing record, then re-use everything for Trial Record? - Seems somthing simple but im really getting confused as to what the process should be.

THanks in advance.
 
What I know is:

1)document Brief or Evidence Brief? or Exhibits Brief or binders full of toilet paper.. is all the same thing... Evidence Brief (or what you think is evidence isn't deemed evidence unless a Judge looks at and says it's admissible as evidence so don't jump the gun by calling it evidence stick with Document Brief. The Judge will decide if aunt sally's cooking recipe has something to do with child custody case the Judges job is to make sure the Trial moves along without to much sidetracking.

2) Judges hate "ambushing" the other party in court with "surprise exhibits or documents" it wastes time to avoid that it's hoped both party's can make something called an agreed statement of facts....but that only happens when lawyers are involved self represented people hate each other and will agree to nothing.

3) now all your "paper exhibits" that you don't want to "ambush" the other party with you have to make sure they get a copy that's done by affidavit (swear it at courthouse, then serve it then file it at courthouse (form 6b)) there is the lazy man's way to doing a document brif it's done by referring to all your paper exhibits as "attachment A" punch three holes in it then drive a staple thru it all or you can make a neat little binder with tabs or dividers a table of contents number the pages between tabs(top right corner)....eg tab 1 pg 1 pg 2 the tab 2 pg 1 pg 2 e,t.c make sure the exhibits are in some kind of chronological order or that they are in some order by issue that make sense to a Judge who doesn't care about the matter.

4) you have time I think up to 7 days before trial to file new exhibits and read back in this thread if a totally new issue has come up(they always do) stand up at the beginning of court and say so....read back in this thread on how to do it.
5) the trial co-ordinator will when she/he figures your day in court has arrived will have the Trial Record and the Continuing Record to prepare the Judge he/she looks through the CR for stuff...stuff like affadavit's that are chock full of paper exhibits ..the co-ordinator is just what the name says...co-ordinates things filters things...streamlines. If there too much "stuff" your labeled a "long motion" and scheduled into oblivion. Short motions u get to trial quicker..then the Judge just throws everything in the garbage...just kidding
6) if you don't have time to file a document brief..do the same thing as making one from above.....make enough copies of your brief for all at court, show the trial coordinator it ..then be prepared to read off and show one at a time to the other party so they can confirm the document and acknowledge it and if the judge likes it will deem it admissible as evidence and attach a identifier to it...JOE Blo's item A or something write it down so when the time comes to call it...u can call it.

feel free people to quantify or add to what I wrote,,regards
 
About ambushing...I don't know much about court and trial, but most people's information about it tends to come from legal dramas, where 'surprise' witnesses often make or break a case. But in the real world, all sides should go in with all the information to be used.
 
Marcos said:
I'm still not clear;
1. Will the "Document Brief of Evidence" include all affidavits an exhibits in the Continuing Record?
2. Can i add "NEW" evidence that is not in the CR now? if so, how? in affidavit form?




1. "Document Brief" this is different from the Evidence Brief mentioned above?
2. Can "NEW" affidavits go in here?

I'm really confused as to how to introduce new evidence, i'm not getting a clear picture, even after reading all this.

So, let me break down like this:

1. We went through application, reply process
2. Went through case conference
2. Motion was brought, affidavits and replies done.
3. Now we are at settlement conference stage

New events have occurred that i will like to bring up and use at trial; How do i submit this? By way affidavit and Exhibits? Server and file into continuing record, then re-use everything for Trial Record? - Seems somthing simple but im really getting confused as to what the process should be.

THanks in advance.
Click to expand...

1. The document brief of evidence include all evidence you want to include, this would be anything really, from recordings, video, affdiavits that are from the continuing record and those not yet served and filed.

1. Document brief is the evidence brief they are on in the same.
2. I think I answered this one above.

I'll add this, in my case I put in studies done by Edward Kruk, the judge didn't want to hear about these as Edward was not a witness to the trial.

As per the new stuff do it just like you have before only use an affidavit and refer to them in settlement conference brief.

Then you can use them again at trial.
 
I would add that expert evidence has a different timeline than the regular evidence. This includes doctors letters, notes, reports these must be given I believe 30 days before trial so the other side has time to seek expert from their position.

In my case I was told a letter written by my doctor wasn't admissible. As a result I telephoned her during trial and she was sworn in from her office and cross examined over the phone.

Actually I think this actually helped my case as the doctor added more facts that helped me than what was in the letter.

Gotta love your ex's lawyer that actually helps your case. NOT!
 
I was told that as per rule 19, I had to update my Affidavit of Documents which lists everything relevant to any issue in the case and serve it on my ex.

I'm assuming that I don't have to attach any of the documents in it right? I know that they have to be available to the party on request but I don't have to copy every email, letter etc. but he should have them already.

Also, my old lawyer (I am now self representing) said that my ex had to provide me with one as well regardless of my asking for it before trial. Just wanted to check on that.

My other question is, do everything I have to put in my Brief of Evidence binder have to be listed in my Affidavit listing documents?

Do Affidavits from settlement conferences and case conferences get put into my Brief of Evidence? Should they? I know that anything from case conferences or settlement conferences can not be filed in the Continuing Record but can they be used as evidence at trial?

Does my Brief of Evidence include disclosure I got from him if I need it for trial or only what I have produced. Do I have to rely on him providing what I need in his Brief of Evidence assuming he actually gives me one?

Sorry, just wading through what I have to put together for trial in two weeks.
 
I'm 90% sure on this, but if I wrong let me know. I don't believe you can use anything that is put into a conference brief at trial. First they are not sworn documents, and second conferences are settlement discussions and as such are privileged.

If I'm wrong please let me know.
 
A Judge will determine what is admissible or not, what is the worst than can happen if you file the affidavit's? Apparently the process dislikes duplicate "exhibits". Affidavits are separate from CC briefs they don't get destroyed along with the briefs at the end of the day. The affidavits of course must be directly relevant to the case. Your ex must be shown them to confirm being aware of them and defend against the documents. I have no idea why there would be affidavits filed alongside CC briefs anyways other that updated financials
 
involveddad75 said:
1. The document brief of evidence include all evidence you want to include, this would be anything really, from recordings, video, affdiavits that are from the continuing record and those not yet served and filed.

1. Document brief is the evidence brief they are on in the same.
2. I think I answered this one above.

I'll add this, in my case I put in studies done by Edward Kruk, the judge didn't want to hear about these as Edward was not a witness to the trial.

As per the new stuff do it just like you have before only use an affidavit and refer to them in settlement conference brief.

Then you can use them again at trial.
Click to expand...

Thanks Involveddad75. I think i got it now. Here is one more question though, When making these "new" affidavits, should i state that i make this affidavit in "support of claim for custody or access (Form 35.1)", ie. The original form that wen in in with the application. (I am the applicant in my case) or is that not necessary.

Also, there are some events that transpired in the past but i have not included can I introduce those now, again in support of my claim?

Thanks again.
 
involveddad75 said:
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.
Click to expand...
Hello: I have a trial scheduled for October 2025, and I am the Respondent. I am in Ontario. I hope you can assist me. According to my Trial Scheduling Endorsement Form (TSEF), I need to prepare a Trial Record, Exhibits Proposed, and a Case Book. I’ve searched online, but I’m finding that the terminology is often used inconsistently, and it's a bit confusing.

A friend asked me if I was preparing a Document brief and it threw me off. Can you please confirm:
  1. Are these the only three materials I’m required to prepare and serve?
  2. What exactly should be included in each one?
I’d appreciate any clarification you can provide. Thank you.
 
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