PRE-TRIAL MENTION - ISSUE OF TRIAL NOTICE
- If the dispute between you and your former partner does not settle at or before Conciliation Conference, your matter will be placed in a pool of matters awaiting the issue of a Trial Notice.
- A Trial Notice is a document which makes various directions so that the parties can prepare their case for Trial.
- Generally, a Trial Notice will contain the following directions:
- A direction that the parties file their Affidavit of Evidence in Chief and the Affidavit of any witness by a particular date;
- That the parties file and serve an updated financial Statement by a particular date;
- That the parties attend a Pre-Trial Conference. A Pre-Trial Conference is a conference with a Registrar or Deputy Registrar of the Family Court where a date for final hearing is listed and the parties discuss how much time they will need to present their case and cross-examine the other side's witnesses.
- That the parties file a Compliance Certificate. A Compliance Certificate is a certificate which we issue to the Court on your behalf certifying that we have complied with all of the directions made in the Trial Notice on your matter. A Compliance Certificate indicates to the Court that you case is ready to be allocated a date for Trial.
- A direction that the parties file their Affidavit of Evidence in Chief and the Affidavit of any witness by a particular date;
- A Trial Notice can also contain any of the following directions, however, these directions are not made in every case:
- Directions about discovery and inspection of documents;
- Directions that parties issue any Subpoena to a third party by a certain date;
- An Order appointing a single expert witness.
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Wendy
thank you all for your help, especially Beata whose compassion & empathy made my unbearable journey bearable
Amanda
