Proving Your Case in Supreme Court

Proving Your Case in
Supreme Court
A guide to gathering and using evidence in civil trials
October 2005

2005 Legal Services Society
Acknowledgements
Writer: Linda Rainaldi
Editor: Kathryn Spracklin
Legal reviewer: David orrison
!ontent reviewer: "llan #arker
!ontri$%tor: Ra&an 'ohal
(his $ooklet is a p%$lication o) the Legal Services Society *LSS+, LSS is a non-govern&ent
organi.ation that provides legal aid and legal in)or&ation to low-inco&e /ritish !ol%&$ians, LSS
is )%nded $y the provincial govern&ent0 the Law 1o%ndation0 the 2otary 1o%ndation0 and
indirectly0 the )ederal govern&ent,
(his $ooklet provides general in)or&ation a$o%t the law, 3t is not intended to give yo% legal advice
on yo%r partic%lar pro$le&, /eca%se each person4s case is di))erent0 yo% &ay need to get legal help,

Proving Your Case in Supreme Court v

Contents
Introduction....................................................................................................
Part ! "eneral Principles o# $vidence........................................................%
(he r%les o) evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
Where the r%les co&e )ro&,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
"d&issi$ility,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6
aterial )acts,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6
Relevance,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
R%les to e7cl%de evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
/%rden o) proo),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
Standard o) proo),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
3s proo) necessary8,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9
'%dicial notice,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9
"d&issions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9
Weight,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,:
Part 2! &ow to Introduce $vidence into Court............................................'
Evidence given $y witnesses,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;
#reparing yo%r witnesses )or trial,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;
<ral testi&ony,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=0
(elling the tr%th,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,==
!o&petence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,==
Re>%ire&ent to give evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=2
Direct e7a&ination,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=2
?iving evidence yo%rsel),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=5
!ross-e7a&ination,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=5
3nconsistent state&ents,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=6
Proving Your Case in Supreme Court vi

Re-e7a&ination,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=9
@earsay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=9
<pinion evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=A
Doc%&ents as evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,=;
(he discovery process,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,20
Discovery o) doc%&ents,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,20
#rivilege,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2=
#roving doc%&ents at trial,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,22
Entering doc%&ents into evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,25
Written sworn state&ents as evidence,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,26
Part %! ()pes o# Court &earings.................................................................2'
#re-trial hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2;
3nterloc%tory cha&$ers applications,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2;
#re-trial and settle&ent con)erences,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,50
'%dicial case con)erences,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5=
De)a%lt B%dg&ent,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5=
Evidence at a de)a%lt B%dg&ent application,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,52
S%&&ary B%dg&ent C R%le =A,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,55
Evidence at a s%&&ary B%dg&ent application,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,55
S%&&ary trials C R%le =A",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,56
Evidence at s%&&ary trial,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,55
@earing o) a petition,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,55
Evidence at a hearing o) a petition,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,59
(rials,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,59
Evidence at trial,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,59
1ast track litigation C R%le 99,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5:
Evidence at a )ast track trial,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5:
E7pedited litigation C R%le 9A,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5A
Evidence at an e7pedited trial,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5A
"ppeals to the S%pre&e !o%rt,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5;
"ppeals )ro& S&all !lai&s !o%rt,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5;
"ppeals )ro& )a&ily cases in #rovincial !o%rt,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,60
"ppeals )ro& tri$%nals,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6=
'%dicial review,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6=
Evidence at a B%dicial review hearing,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,62

Proving Your Case in Supreme Court
Introduction
(here are &any r%les a$o%t how yo% can $ring evidence into S%pre&e !o%rt,
(hese r%les &ean that yo% can4t B%st tell yo%r story to a B%dge as i) yo% were
having a conversation with a )riend, 3t4s i&portant to have a $asic
%nderstanding o) the r%les $e)ore yo% go to co%rt,
(his $ook e7plains the general principles o) evidence )or cases in S%pre&e
!o%rt and the kind o) evidence yo% will need in pre-trial co%rt hearings and
the trial itsel),
(he S%pre&e !o%rt Sel)-@elp 3n)or&ation !entre provides reso%rces and
s%pport to people who are representing the&selves in S%pre&e !o%rt, Do%
can visit the centre at 2:6 E A00 @orn$y Street in Fanco%ver or online at
www,s%pre&eco%rtsel)help,$c,caGinde7,ht&,
3n this $ooklet0 legal ter&s are de)ined the )irst ti&e they4re %sed, 1or
&ore de)initions o) co&&on legal ter&s0 go to the S%pre&e !o%rt Sel)-@elp
3n)or&ation !entre we$site at www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&,

Proving Your Case in Supreme Court %

"eneral Principles
o# $vidence
Evidence is what yo% present to the co%rt to prove yo%r clai& or yo%r
de)ence, 3t can incl%de oral *spoken+ testi&ony )ro& witnesses or
doc%&ents s%ch as a))idavits *sworn written state&ents+0 contracts0 or
&edical records, 3t4s not eno%gh to &ake a clai& that yo% are right C
yo% have to prove that yo% are right,
(*e rules o# evidence
(he r%les o) evidence set o%t what )acts can $e presented to the co%rt
and the proced%res )or introd%cing the )acts to the co%rt, 1or e7a&ple0
the r%les set o%t what doc%&ents will $e ad&itted into evidence0
whether they &%st $e served on the other party0 and the ti&e li&its
)or doing so,
(he r%les o) evidence help the trial r%n s&oothly and e))iciently
$eca%se testi&ony *the oral evidence o) witnesses+ and doc%&ents are
presented to the co%rt in a predicta$le way, (he r%les also &ake s%re
that the trial proced%re is )air to $oth parties, 1or e7a&ple0 the co%rt
will not allow a party to raise irrelevant iss%es in s%pport o) his or her
clai& or de)ence,
+*ere t*e rules come #rom
(he r%les o) evidence co&e )ro& three so%rces:
the S%pre&e !o%rt R%les0
provincial stat%tes *legislation+0 and
case law,
(he S%pre&e !o%rt R%les *%s%ally called the R%les o) !o%rt or
the R%les+ are the &ain so%rce )or the r%les o) evidence that apply in
Part
Part ! "eneral Principles o# $vidence
, Proving Your Case in Supreme Court
proceedings in the S%pre&e !o%rt o) /!, 3t is i&portant to read the
R%les and %nderstand how the r%les o) evidence apply to yo%r case,
1or e7a&ple0 yo% &ay need to know how yo% can see doc%&ents that
the other party does not want to disclose to yo%, (he R%les will tell
yo% how to do that,
Do% can )ind the R%les on the /! !o%rtho%se Li$rary Society4s
we$site at www,$ccls,$c,ca *click on !o%rt R%les+ or on the !o%rt
Services we$site at www,ag,gov,$c,caGco%rts *click on !ivil !o%rts0
then scroll down to S%pre&e !o%rt and click on S%pre&e !o%rt
R%les+,
Stat%tes *or legislation+ are laws &ade $y the provincial and
)ederal govern&ents, 1or e7a&ple0 the Evidence "ct o) /ritish
!ol%&$ia sets o%t the principles o) evidence that apply to civil and
)a&ily cases $eing heard in the /! S%pre&e !o%rt and /! !o%rt o)
"ppeal, *(he !o%rt o) "ppeal has its own set o) r%les called the !o%rt
o) "ppeal R%les,+
!ase law is the decisions &ade $y other B%dges in the large
collection o) earlier cases si&ilar to yo%rs, (he B%dge will apply the
laws o) evidence0 in part0 according to these decisions, (he S%pre&e
!o%rt o) /! will apply the law )ro& cases previo%sly decided $y the
S%pre&e !o%rt o) /!0 the /! !o%rt o) "ppeal0 and the S%pre&e
!o%rt o) !anada0 then cases decided $y co%rts in other !anadian
provinces and territories, "pplying the law )ro& previo%s co%rt
decisions is also called co&&on law,
Admissibilit)
" B%dge can consider yo%r evidence only i) it is ad&issi$le0 which
&eans that it is relevant to a &aterial )act in the case and not e7cl%ded
$y any r%le set o%t in case law0 the Evidence "ct0 or the S%pre&e
!o%rt R%les
-aterial #acts
" &aterial )act is one that is i&portant or essential to the case, What
is &aterial is o)ten deter&ined $y the pleadings *written state&ents o)
)act0 s%ch as the state&ent o) clai&0 state&ent o) de)ence0 andGor third
party notice0 which are %sed to start and respond to a case+0 $eca%se
the pleadings set o%t what is $eing disp%ted,
1or e7a&ple0 i) the disp%te is a$o%t a $roken contract )or the sale
o) a $oat0 the contract itsel) is a &aterial piece o) evidence, /%t a
Proving Your Case in Supreme Court 5

contract with the sa&e person )or the sale o) a di))erent $oat three
years earlier is pro$a$ly not &aterial to the present disp%te,
.elevance
Evidence is relevant i) it is related to the )acts o) the case in so&e
logical or i&portant way, (o decide whether evidence is relevant0 ask
yo%rsel) whether the evidence helps yo% prove the )acts o) yo%r case,
(o give an e7tre&e e7a&ple0 the )act that the roads were icy on
the day o) the car accident is pro$a$ly relevant to yo%r case, (he )act
that the driver o) the other car was wearing a $l%e sweater is not
relevant,
.ules to e/clude evidence
(he B%dge &ay not allow evidence into co%rt i):
the evidence is privilegedH that is0 i) yo% have the right to keep
that doc%&ent con)idential *see #rivilege0 on page 2=+0 or
it is in the interest o) proced%ral )airness to e7cl%de it *)or

e7a&ple0 i) the other party wanted to rely on a doc%&ent that
he or she had not disclosed to yo%+,
0urden o# proo#
(he person who is asking the co%rt )or a re&edy has the $%rden
*responsi$ility or o$ligation+ o) proving the )acts that s%pport his or
her case,
1or e7a&ple0 i) the plainti)) *the person who starts a laws%it+
clai&s that the de)endant *the person s%ed in a laws%it+ agreed to $%y
the plainti))4s e>%ip&ent )or I==500000 the plainti)) &%st prove that
the parties entered into a clear agree&ent a$o%t the p%rchase and sale
o) the e>%ip&ent,
Standard o# proo#
3n a civil case0 the person s%$&itting the evidence *providing the
evidence to the co%rt+ &%st prove that it is tr%e Jon a $alance o)
pro$a$ilities,K (his &eans that it is J&ore likely than not,K
1 Proving Your Case in Supreme Court
1or e7a&ple0 i) a party clai&s that he or she has paid a de$t and
provides evidence to prove that pay&ent0 the B%dge will decide on a
$alance o) pro$a$ilities whether that de$t was in )act paid,
Is proo# necessar)2
3t is not always necessary to prove every )act that yo% want to s%$&it
as evidence in yo%r case, So&e )acts are so co&&only known that
they do not need to $e proved0 and in a )ew sit%ations0 )acts are
accepted into evidence on the $asis o) legal principles0 as in B%dicial
notice and ad&issions,
3udicial notice
" B%dge can acknowledge that a )act has $een proven witho%t yo%
having to prove it i) the co&&%nity co&&only knows the )act, (his is
called B%dicial notice, 1or e7a&ple0 it wo%ld not $e necessary to
prove that in the year 20060 !hrist&as was on Dece&$er 25, " B%dge
takes B%dicial notice o) )acts only occasionally,
" B%dge &%st also take B%dicial notice o) provincial and )ederal
stat%tes0 as well as provincial reg%lations, Do% wo%ld not need to
prove0 )or e7a&ple0 that the otor Fehicle "ct o) /ritish !ol%&$ia
was a validly enacted law o) the province,
Admissions
" party can ad&it that certain )acts or iss%es are not in disp%te, "lso0
yo% and the other party can tell the co%rt that yo% agree on certain
)acts in the caseH this is called an agreed set o) )acts, 3t will speed %p
the trial process $eca%se those )acts do not need to $e proved in co%rt,
1or e7a&ple0 in a &otor vehicle accident case0 the de)endant will
o)ten ad&it lia$ility *that he or she was responsi$le )or the accident+0
$%t will disp%te the a&o%nt o) personal inB%ry da&ages the plainti)) is
clai&ing *called >%ant%& o) da&ages+,
3) one party ad&its a )act in this )or&al way0 it is $inding on that
party, (hat &eans that once the de)endant0 )or e7a&ple0 ad&its
lia$ility )or the accident0 he or she cannot arg%e against that later,
1or&al ad&issions can $e &ade:
in the pleadings0
in a notice to ad&it *see S%pre&e !o%rt R%le 5= and 1or&

25+0 or
in an agreed state&ent o) )acts,


+eig*t
(he B%dge will decide the weight *i&portance+ o) a piece o) evidence
in light o) all the evidence that has $een ad&itted $y the B%dge into
co%rt, '%st $eca%se evidence has $een ad&itted into co%rt0 it does not
&ean that it will $e given the sa&e weight as other evidence or any
weight at all,
1or e7a&ple0 i) a witness to a )ight in a $ar had $een drinking all
day and gives evidence that contradicts the evidence o) a police
o))icer who was called to stop the )ight0 the B%dge will pro$a$ly give
&ore weight to the police o))icer4s evidence,
Si&ilarly0 the B%dge will decide i) the witness4s evidence is
credi$le *$elieva$le+, 3) it is not credi$le0 the B%dge will not attach
&%ch0 or any0 i&portance to the evidence, 1or e7a&ple0 the B%dge
&ay concl%de that the evidence o) the wi)e o) so&eone involved in
the )ight was $iased

Proving Your Case in Supreme Court '

&ow to Introduce
$vidence into Court
$vidence given b) witnesses
" witness is a person who gives evidence to the co%rt orally %nder
oath or a))ir&ation *see $elow+ or $y a))idavit *a sworn written
state&ent+, Witnesses are a critical part o) the trial process0 whether
they are giving evidence a$o%t what they saw happen or con)ir&ing
that a doc%&ent is a%thentic, " witness &%st $e prepared to answer
>%estions and give good in)or&ation to the co%rt,
Preparing )our witnesses #or trial
#reparing yo%r witness $e)ore trial involves &eeting with yo%r
witness to review the evidence that he or she will provide0 incl%ding
)acts and doc%&ents,
3) yo% have &ore than one witness0 yo% sho%ld review the case
with each witness individ%ally, (hese are the &ost i&portant &atters
to review:
Evidence that the witness will $e giving in co%rt
Doc%&ents that yo% will $e showing the witness in co%rt
(ypes o) >%estions yo% will $e asking in yo%r direct

e7a&ination
(ypes o) >%estions the other party will $e asking in cross-

e7a&ination
@ow to answer >%estions clearly *in other words0 B%st give the
)acts+
!o%rtroo& eti>%ette
Part 2
Part 2! &ow to Introduce $vidence into Court
While yo% sho%ld prepare yo%r witness to give evidence in co%rt0
yo%r witness sho%ld not give JscriptedK answers to yo%r >%estions,
Do% sho%ld not try to in)l%ence yo%r witness to change his or her
evidence, @e or she sho%ld $e straight)orward and honest at all ti&es,
.e#res*ing t*e witness5s memor)
(rials are o)ten held several years a)ter the event that led to the
disp%te, 2ot s%rprisingly0 witnesses &ay have tro%$le re&e&$ering
the details that they are asked to provide to the co%rt, Do% can help
Jre)reshK yo%r witness4s &e&ory $e)ore and d%ring trial,
Before trial0 it is reasona$le )or witnesses to re)resh their
&e&ories on in)or&ation and events that they will $e asked a$o%t,
Do% &ay talk to a witness a$o%t the iss%es in disp%te and the type o)
>%estions yo% will $e asking, Do% &ay also want the witness to
review doc%&ents that will $e introd%ced into evidence,
Re&e&$er that how yo% prepare yo%r witness &ay a))ect the
weight the B%dge gives to the witness4s testi&ony, 1or e7a&ple0 i)
yo%r witness so%nds like he or she is reading )ro& a script yo% have
written0 the B%dge &ay not $elieve that his or her answers are gen%ine
and not give &%ch weight to the evidence,
During trial and with per&ission )ro& the B%dge0 a witness can
re)resh his or her &e&ory $y re)erring to notes or doc%&ents that
were &ade closer to the ti&e o) the event in disp%te, (he witness can
do this i):
the doc%&ent was &ade near the ti&e o) the event0 while the
witness4s &e&ory was )reshH or
the witness created or reviewed the doc%&ent aro%nd the ti&e

it was &ade and con)ir&ed that it was acc%rate,
(he doc%&ent does not have to $e notes or a description o) the
event in disp%te, " witness will o)ten $e asked to look at a signat%re
on a doc%&ent0 s%ch as a contract0 and veri)y that this contract is the
sa&e one in disp%te, Seeing so&eone4s signat%re on the doc%&ent
&ay re&ind the witness that he or she saw the doc%&ent $eing
signed,
Oral testimon)
ost evidence is introd%ced to the co%rt thro%gh witnesses giving
oral testi&ony *spoken evidence given %nder oath+,
S%pre&e !o%rt R%le 60*2+ says that %nless another stat%te or R%le
says so&ething di))erent0 a witness at a trial shall testi)y:
in open co%rt0 and

Proving Your Case in Supreme Court

orally *%nless the parties agree otherwise+,

Witnesses can $e the parties the&selves or others who have
partic%lar knowledge or in)or&ation a$o%t the disp%te,
3t is %s%ally a good idea to ask the B%dge to e7cl%de witnesses
d%ring the trial, (his &eans that they have to wait o%tside the
co%rtroo& %ntil it is their ti&e to give evidence, 3t prevents the
witnesses )ro& hearing each other4s testi&ony and changing their
evidence in response to what they4ve heard,
(elling t*e trut*
/e)ore a witness gives evidence to the co%rt0 he or she &%st agree to
tell the tr%th,
Witnesses can take an oath to tell the tr%th $y placing a hand on a
religio%s te7t *like the /i$le+ and swearing that the evidence they
give will $e tr%e, <r0 witnesses can &ake a sole&n a))ir&ation that
they will tell the tr%th, 3n this case0 there is no religio%s &eaning to
the co&&it&ent to tell the tr%th,
(he B%dge will give the sa&e a&o%nt o) weight to the evidence
given whether the witness takes an oath to tell the tr%th or a))ir&s to
tell the tr%th,
Competence
" witness &%st $e co&petent to give evidence, (his &eans that they
&%st have the &ental a$ility *called capacity+ to give acc%rate
evidence,
E7cept in the &ost e7tre&e circ%&stances *)or e7a&ple0 a witness
with a &ental illness or "l.hei&er4s disease+0 anyone can $e called as
a witness in yo%r case, Re&e&$er0 however0 that the evidence &%st
$e relevant and &aterial to the case, 3) yo%r witness cannot give
acc%rate and $elieva$le in)or&ation to the co%rt0 the B%dge will not
attach &%ch i&portance to it,
(he evidence o) children is an e7ception to this general principle,
(he Evidence "ct *section 5+ states that children over the age o) =6
are pres%&ed to $e co&petent to testi)y in co%rt, (he other party can
challenge that pres%&ption0 and it will $e %p to the co%rt to decide
whether the child is capa$le o) giving good evidence,
(he co%rt &%st &ake a decision on whether to allow evidence
)ro& children %nder =6, 3n general0 yo%ng children &%st $e a$le to
%nderstand the nat%re o) an oath or sole&n a))ir&ation and to
co&&%nicate the evidence to the co%rt,
.e6uirement to give evidence
Witnesses who do not want to testi)y or cannot $e relied %pon to
co&e to co%rt can $e co&pelled *re>%ired+ to give evidence at trial $y
serving the& *)or&ally giving the& a legal doc%&ent at their ho&e or
place o) work+ with a s%$poena, " s%$poena is a legal doc%&ent that
tells a witness that he or she is re>%ired to attend co%rt to give
evidence, 3) witnesses %nder s%$poena do not appear in co%rt to give
evidence0 a warrant can $e iss%ed )or their arrest and they can $e
$ro%ght to co%rt to testi)y,
7irect e/amination
When yo%r own witness has taken the stand to give evidence and
$een sworn in0 yo% will Je7a&ineK or ask hi& or her >%estions )irst,
(his is called direct e7a&ination or e7a&ination in chie), ")ter yo%r
direct e7a&ination0 the other party will $e allowed to cross-e7a&ine
that witness,
Witnesses provide critical evidence at trial0 $%t they do not take
the stand and si&ply talk a$o%t iss%es in the case, 3t is yo%r
responsi$ility to str%ct%re >%estions )or the witness to answer so that
the evidence is presented to the co%rt in a logical way,
8uestioning )our witnesses
"sk >%estions that allow yo%r witnesses to tell their stories in their
own words, (his &akes their evidence &ore credi$le, So&e e7a&ples
o) appropriate >%estions are:
What happened when yo% reached the intersection8
What did the other driver say to yo% a)ter the accident8
Where were yo% looking8
Why did yo% go there8

9eading 6uestions
?enerally0 yo% can4t ask JleadingK >%estions when yo%4re e7a&ining
yo%r own witnesses, " leading >%estion s%ggests the answer to the
witness, 1or e7a&ple0 J(he car was speeding0 wasn4t it8K is a leading
>%estion, J@ow )ast was the car going8K asks the sa&e >%estion in a
way that is not leading,
2ote that yo% can ask leading >%estions when yo% are cross-
e7a&ining the other party4s witness,
(here are so&e e7ceptions to the general r%le that yo% can4t ask
yo%r own witness leading >%estions, 3t is appropriate to ask yo%r
witness leading >%estions when:

the in)or&ation is introd%ctory *)or e7a&ple0 the ti&e0 date0

and location o) the accident+H
people or things are $eing identi)ied *)or e7a&ple0 na&e and

occ%pation o) witness+H
the &atter is not disp%ted *)or e7a&ple0 ownership o) the car+H

or
the co%rt gives per&ission to ask a leading >%estion *)or

e7a&ple0 when yo%r own witness is JhostileK or having
di))ic%lty answering a >%estionH a witness is considered hostile
when he or she is withholding evidence or not telling the
tr%th+,
"iving evidence )oursel#
3) yo% are representing yo%rsel) in co%rt0 yo% will not have anyone to
ask yo% >%estions when yo% give evidence *tell the co%rt yo%r version
o) the disp%te+, Do% will si&ply get in the witness stand and talk
a$o%t the )acts that yo% want the co%rt to know, "s yo% are doing
this0 i&agining that yo% are asking yo%rsel) >%estions can help yo% to
give yo%r evidence in a clear and logical way,
1or e7a&ple0 i) yo% are telling the co%rt what happened when yo%
were in a car accident0 present yo%r story $y JansweringK i&aginary
>%estions s%ch as:
What day was it8
What ti&e was it8
What was the weather like8
Was it light or dark o%tside8
Where were yo% going8
Were yo% in a h%rry8
What was yo%r ro%te8

Cross:e/amination
!ross-e7a&ination is when yo% ask the other party and his or her
witnesses >%estions0 and when the other party4s lawyer asks yo% and
yo%r witnesses >%estions,
(he p%rpose o) cross-e7a&ination is:
to get testi&ony )ro& the other party4s witness that s%pports

yo%r own case0 and
to discredit the witness *&ake the witness4s evidence look less

$elieva$le+,
, Proving Your Case in Supreme Court
(he scope o) >%estions in cross-e7a&ination is $roadH yo% can ask
any >%estions that are relevant to the case0 as long as yo% do not
harass the witness, Lnlike direct e7a&ination o) yo%r own witness0
yo% will o)ten ask the witness leading >%estions,
When a witness takes the stand to give evidence0 his or her
credi$ility is on the line, (here)ore0 in cross-e7a&ination0 yo% can ask
>%estions intended to &ake the witness look less credi$le, 1or
e7a&ple0 a witness &ay have testi)ied %nder direct e7a&ination that
he or she drove straight ho&e a)ter work on the day in >%estion, Do%r
cross-e7a&ination &ay )oc%s on yo%r knowledge that0 in )act0 he or
she was seen drinking at the $ar )or three ho%rs a)ter work,
Do%r cross-e7a&ination can )oc%s on the )ollowing areas:
Showing that the witness )avo%rs the other party *he or she is
$iased+
Showing that the witness has contradicted hi&sel) or hersel)

in previo%s state&ents
!hallenging the witness4s &e&ory on certain points
!hallenging the witness4s version o) events

Do% are not re>%ired to cross-e7a&ine every witness0 $%t i) yo%
do not cross-e7a&ine a witness0 his or her evidence &ay $e accepted
$eca%se nothing has $een introd%ced to contradict it,
D%ring cross-e7a&ination0 the witness sho%ld have a chance to
e7plain things that are $eing introd%ced as evidence against hi& or
her, 3t is not appropriate Ja&$%shK the witness $y $ringing in
%ne7pected evidence that he or she cannot e7plain or disagree with,
1or e7a&ple0 i) yo% want to $ring evidence to the co%rt that the
plainti)) was into7icated d%ring a child access visit0 yo% &%st ask the
plainti)) a$o%t his $ehavio%r d%ring the access visit $e)ore
introd%cing a witness to give evidence o) the into7ication,
3t is not easy to cross-e7a&ine a witness e))ectively, (his section
only o%tlines a )ew o) the $asics o) cross-e7a&ination, " B%dge &ay
give yo% so&e direction when yo% are cond%cting a cross-
e7a&ination,
Inconsistent statements
" witness &ay say so&ething at trial that contradicts so&ething he or
she said $e)ore trial, 1or e7a&ple0 the witness &ay have stated in a
&otor vehicle accident report i&&ediately a)ter an accident that he or
she heard a crash and t%rned to see the two cars to%ching $%&pers,
(hen at trial0 the witness &ay say that he or she saw the de)endant4s
car crash into the rear o) the plainti))4s car,

" witness4s earlier state&ent &ay $e oral or written0 sworn *)or
e7a&ple0 in an e7a&ination )or discovery C see page 25 C or in an
a))idavit+ or %nsworn *)or e7a&ple0 a state&ent to an accident
investigator+,
Do% will want to $ring these inconsistent state&ents to the co%rt4s
attention to challenge the credi$ility o) the witness, While yo% &ay
not $e a$le to prove the tr%th o) either state&ent *%nless the witness
concedes that one state&ent is tr%e+0 yo% will show that the witness4s
evidence is pro$a$ly not relia$le,
Sections =5 and =6 o) the Evidence "ct tell yo% how yo% can
challenge a witness4s credi$ility on written or spoken state&ents0 $%t
the techni>%e is $asically the sa&e )or challenging all previo%s
state&ents &ade $y the witness: yo% get the witness to con)ir& that
he or she &ade the previo%s state&ent $e)ore showing that it is
inconsistent with his or her present testi&ony,
3n yo%r cross-e7a&ination0 ask the witness i) he or she &ade the
earlier state&ent, 3) the witness does not distinctly ad&it &aking that
state&ent0 yo% &%st prove that he or she did so $y calling evidence o)
yo%r own to show that the state&ent was &ade,
+ritten statements
3) a witness &ade a previo%s state&ent in writing0 yo% can cross-
e7a&ine that witness a$o%t the written state&ent *see section =5 o)
the Evidence "ct+, While yo% do not have to show the doc%&ent to
the witness *%nless the B%dge asks yo% to+0 yo% &%st point o%t the
speci)ic parts o) the doc%&ent that are contradictory,
1or e7a&ple0 i) yo% were cross-e7a&ining the witness a$o%t the
accident report in the e7a&ple a$ove0 yo% wo%ld ask the witness i) he
or she &ade and signed that written state&ent, When that is
acknowledged0 yo% wo%ld have the witness read the contradictory
parts o) the written state&ent to the co%rt,
3) the witness denies &aking the earlier state&ent0 yo% &%st prove
that he or she did so $y calling another witness0 s%ch as the police
o))icer or ins%rance adB%ster who took the state&ent0 to con)ir& that
the state&ent was &ade,
Do% wo%ld %se the sa&e techni>%e i) the witness4s inconsistent
state&ent were &ade in an earlier e7a&ination )or discovery *see
page 25+, 3n that case0 yo% wo%ld ask the witness i) he or she attended
an e7a&ination )or discovery on a certain day and re&ind the witness
that he or she gave certain answers to certain >%estions %nder oath or
a))ir&ation, Do% wo%ld then read the speci)ic >%estions and answers
)ro& the e7a&ination )or discovery transcript and have the witness
con)ir& that he she was asked those >%estions and gave those
answers,
;erbal statements
Do% can cross-e7a&ine a witness a$o%t a prior inconsistent oral
state&ent, 3n the e7a&ple a$ove0 a written accident report &ay not
have $een prepared C the witness &ay have told a police o))icer
what she saw,
Do% wo%ld $egin yo%r cross-e7a&ination $y asking the witness i)
he or she &ade that state&ent to the police o))icer, 3) the witness
denies &aking that state&ent0 yo% &%st prove that he or she did so $y
calling the police o))icer to con)ir& that the state&ent was &ade *see
section =6 o) the Evidence "ct+,
.e:e/amination
Do% can re-e7a&ine yo%r own witness i) the cross-e7a&ination raised
an iss%e that yo% did not deal with in yo%r direct e7a&ination,
(he B%dge &ay also give yo% per&ission to cross-e7a&ine a
witness )or a second ti&e, (his &ay happen i) the other party raised
new iss%es with the witness on the re-e7a&ination,
&earsa)
@earsay is an oral or written state&ent that was &ade $y so&eone
else earlier0 o%t o) co%rt0 that the witness repeats *or prod%ces+ in
co%rt in an e))ort to prove that what was said or written is tr%e,
@earsay is generally not ad&issi$le as evidence in trial0 $%t &ay
$e ad&issi$le in so&e other co%rt hearings *see Evidence at an
interloc%tory cha&$ers application0 on page 50+, 1or e7a&ple0 i) yo%
are the plainti)) in a car accident and a witness to the accident told
yo% that he saw the de)endant drive thro%gh a red light0 yo% wo%ld
have to call that witness to give that evidence in co%rt, 3t is not good
eno%gh to tell the co%rt that so&eone who witnessed the accident told
yo% what happened, (he de)endant &%st have the opport%nity to hear
that witness4s evidence in co%rt and to cross-e7a&ine that witness
a$o%t his state&ent,
" state&ent &ade o%t o) co%rt is ad&issi$le i) it is not given )or
the p%rpose o) showing that the content o) the state&ent is tr%e, (he
state&ent &ay $e told to the co%rt si&ply as proo) that the state&ent
was &ade, 1or e7a&ple0 a witness &ay have heard so&eone he did
not know tell a shop owner that the sidewalk in )ront o) his store was
icy, " person later )alls down in )ront o) the store, (he witness &ay
repeat that %nknown person4s state&ent in co%rt to show that s%ch a

state&ent was &ade to the shop owner0 $%t not to show that the
sidewalk was icy and slippery, (his &ay $e i&portant evidence in the
case to prove that the shop owner knew earlier in the day that the
sidewalk was slippery, (he witness4s state&ent &ay $e ad&itted into
evidence,
Do%$le hearsay is not ad&issi$le in any type o) co%rt hearing,
Do%$le hearsay is when the so%rce o) the in)or&ation is two people
away )ro& the person who gives the evidence to the co%rt, 1or
e7a&ple0 i) " co&es to co%rt and says that she saw / hit her child0
that is direct evidence and clearly ad&issi$le, 3) " co&es to co%rt and
says that ! told hi& or her that she saw / hit her child0 that is hearsay
evidence and is ad&issi$le in so&e co%rt hearings,
@owever0 i) " co&es to co%rt and says that D told her that ! told
her that / hit her child0 that is Jdo%$le hearsayK and is not ad&issi$le
in any co%rt hearing,
$/ceptions to t*e *earsa) rule
(here are e7ceptions to the r%le against hearsay, 3) the hearsay )alls
into one o) these categories0 it &ay $e accepted into evidence d%ring
trial, (he )ollowing are two o) the &ost co&&on types o) e7ceptions,
Verbal statements, So&e ver$al state&ents &ade $y others

&ay $e ad&itted into co%rt at trial:
o
" state&ent &ade $y so&eone0 who is no longer living0
against his or her own interest, 1or e7a&ple0 i) a deceased
person was heard to say that he or she owed so&eone
&oney0 the co%rt &ay ass%&e that he or she wo%ld not
have &ade s%ch a state&ent %nless it were tr%e,
o
" spontaneo%s state&ent or an e7cited %tterance &ade
when doing so&ething *so&eti&es called Jres gestaeK+,
1or e7a&ple0 a person cries o%t in pain when picking %p a
heavy o$Bect, " witness who saw that person cry o%t in
pain can give evidence that the person e7perienced pain,
o
(esti&ony in a )or&er proceeding, *See S%pre&e !o%rt
R%le0 section 60*6++, (ranscript evidence given $y a
witness in a previo%s co%rt proceeding is ad&issi$le i) the
witness is not availa$le )or this trial,
Documents. (he general r%le is that state&ents o) )act

contained in a doc%&ent are not evidence o) those )acts %nless
the doc%&ent )alls within one o) the e7ceptions to the hearsay
r%le0 s%ch as the e7ception )or $%siness records %nder section
62 o) the Evidence "ct,
< Proving Your Case in Supreme Court
1or &ore in)or&ation a$o%t how to ad&it speci)ic doc%&ents into
evidence and e7ceptions to the hearsay r%le )or doc%&ents0 see
Doc%&ents as evidence0 on page =;,
Opinion evidence
" witness4s role is to tell the )acts to the co%rt0 and the B%dge4s role is
to draw a concl%sion $ased on those )acts, (he opinion o) a witness is
generally not ad&issi$le0 altho%gh there are &any e7ceptions to this
r%le,
9a) witnesses
" JlayK witness is an ordinary witness who has $een called to give
evidence only on the )acts that he or she o$served0 not to o))er a
pro)essional or Je7pertK opinion on an iss%e at trial, ost witnesses
are lay witnesses,
"n opinion o) a lay witness is ad&issi$le i) it is $ased on personal
o$servation o) so&ething that is co&&only known, (he B%dge will
decide whether the opinion is an assess&ent that ordinary people with
ordinary e7perience and co&&on knowledge wo%ld $e a$le to &ake,
1or e7a&ple0 a lay witness &ay $e a$le to give an opinion a$o%t
the speed o) a car that he or she saw driving down the street0 $%t not
the speed o) an airplane that was )lying overhead, Si&ilarly0 a lay
witness &ay $e a$le to give an opinion on things like distance0 the
identity or e&otional state o) a person0 recognition o) handwriting0
and other things that people generally know a$o%t,
Expert witnesses
"n e7pert is so&eone >%ali)ied with special knowledge0 skill0
training0 and e7perience0 like an engineer or a doctor, "n e7pert can
e7press an opinion $ased on in)or&ation that he or she has personally
o$served0 or in)or&ation that was provided $y others,
1or e7a&ple0 an e7pert in &otor vehicle accident analysis co%ld
go to the scene o) an accident0 &eas%re skid &arks0 and give the co%rt
an e7pert opinion a$o%t the speed o) the cars involved in the accident,
<r0 the e7pert &ight $e a$le to give an opinion $ased on photographs
o) the accident scene,
"n e7pert witness4s opinion is ad&issi$le i):
it is relevant0
it helps the B%dge &ake a decision0
the e7pert is properly >%ali)ied0 and
there is no other reason to e7cl%de the evidence,

Proving Your Case in Supreme Court '

3) yo% have hired an e7pert to give evidence to s%pport yo%r case0
yo% &%st get the e7pert to give his or her opinion d%ring yo%r direct
e7a&ination,
(he e7pert &%st e7plain:
his or her pro)essional >%ali)ications *why he or she is

especially >%ali)ied to give an opinion on a partic%lar iss%e+0
his or her opinion0
the )acts considered in reaching this opinion0 and
tests or e7peri&ents per)or&ed,

D%ring cross-e7a&ination0 the other party will try to )ind reasons
why the co%rt sho%ld not accept the e7pert4s opinion, 1or e7a&ple0
the other party &ay >%estion the e7pert4s >%ali)ications and
e7perience or the )acts on which the e7pert4s opinion was $ased,
3) the e7pert witness does not have personal knowledge o) the
)acts o) the case0 the e7pert will $e asked to consider a hypothetical
>%estion or sit%ation where certain )acts are ass%&ed to $e tr%e, (he
e7pert will give an opinion $ased on those )acts, 2ote0 however0 that
yo% will have to prove those )acts thro%gh other evidence,
1or e7a&ple0 yo% &ay give )acts to an e7pert a$o%t a hypothetical
person o) a certain age0 se70 and weight0 as well as the a&o%nt o) )ood
and alcohol the person cons%&ed, (he e7pert can give an opinion0
$ased on that in)or&ation0 o) the $lood alcohol reading o) that person
within a certain ti&e period, (he e7pert4s opinion will $e %se)%l i)
yo% can prove that the description o) this hypothetical person &atches
the act%al description o) the person yo% are trying to prove was
i&paired $y alcohol at the ti&e o) the accident,
Do% can enter an e7pert report as evidence instead o) calling the
act%al e7pert witness to testi)y in co%rt0 provided the report is
delivered to all parties at least 90 days $e)ore trial, S%pre&e !o%rt
R%le 60" sets o%t i&portant in)or&ation yo% need to know a$o%t
%sing e7perts4 reports in co%rt,
7ocuments as evidence
Doc%&ents can also $e evidence in co%rt, JDoc%&entK has a $road
&eaning %nder S%pre&e !o%rt R%le =*A+, 3n general0 a doc%&ent is
any physical or electronic record o) in)or&ation recorded or stored $y
&eans o) any device0 and incl%des photographs0 )il&0 and so%nd
recordings,
When thinking a$o%t what type o) evidence yo% can %se to prove
yo%r case0 re&e&$er that a doc%&ent is anything that contains
in)or&ation0 s%ch as a &e&o0 invoice0 letter0 drawing0 transcript0 or
in)or&ation on a co&p%ter hard drive0 )loppy disk0 or !D,
(*e discover) process
(he discovery process is how yo% and the other party gather
in)or&ation a$o%t the case and )ind o%t what happened d%ring the
disp%te that led to yo%r laws%it, (he discovery process is only %sed in
actions started $y a writ o) s%&&ons and state&ent o) clai&, 3t is not
%sed in originating applications *actions started with a petition C see
@earing o) a petition0 on page 55+,
(he discovery process incl%des the discovery o) doc%&ents as
well as e7a&inations )or discovery0 interrogatories0 and pre-trial
e7a&ination o) witnesses *see pages 25 to 29+,
7iscover) o# documents
3n general0 yo% *and the other party+ &%st disclose *reveal+ all yo%r
doc%&ents to all parties in the action0 whether yo% $elieve the
doc%&ents h%rt yo%r case or not, (his is called Jdiscovery o)
doc%&ents,K S%pre&e !o%rt R%le 29 C Discovery and 3nspection o)
Doc%&ents C sets o%t the r%les and g%idelines )or the parties to share
their doc%&ents $e)ore trial,
" doc%&ent &%st $e disclosed i) it relates to a J&atter in
>%estionK in the case0 whether or not the doc%&ent wo%ld $e
ad&issi$le in a trial, 1or e7a&ple0 a doc%&ent that contains hearsay
&%st $e disclosed even tho%gh it &ay not $e ad&itted at trial,
" &atter in >%estion is an iss%e that a party has raised in the
pleadings *in the state&ent o) clai&0 state&ent o) de)ence0 andGor
third party notice+, Do% &%st search all yo%r )iles C paper and
electronic Cto )ind everything that relates to yo%r case,
'%st $eca%se a doc%&ent has $een disclosed does not &ean that it
a%to&atically gets entered or ad&itted into the co%rt case *see
Entering doc%&ents into evidence0 on page 25+,
9ist o# documents
(o see the other party4s doc%&ents0 yo% &%st prepare a De&and )or
Discovery o) Doc%&ents )or& *1or& ;2+, (his )or& re>%ires the
other party to give yo% a list o) the doc%&ents they have that relate to
the case, Do% can ask the other party *and they can ask yo%+ to &ake
copies o) all or certain doc%&ents )or yo%, 1or help preparing this
)or&0 see the g%ide$ook The Discovery Process on the S%pre&e
!o%rt Sel)-@elp 3n)or&ation !entre we$site at
www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&,

Do% will also $e re>%ired to prepare a list o) doc%&ents )or the
other party, 3t is easiest to list doc%&ents in chronological *date+
order, " n%&$ered list is $est, (he list will have three parts *see 1or&
=06+:
#art 3 incl%des doc%&ents that yo% have and do not o$Bect

showing to the other party, Do% sho%ld give a short
description o) the doc%&ent when yo% incl%de it in the list *)or
e7a&ple0 invoice to MDN !o&pany0 dated 'an%ary 2005+,
#art 33 incl%des doc%&ents that were in yo%r possession or

control0 $%t are not now in yo%r possession or control, 1or
e7a&ple0 yo% &ay have sent a letter to so&eone $%t didn4t
keep a copy )or yo%rsel), (here are o)ten no doc%&ents listed
in this category,
#art 333 incl%des JprivilegedK doc%&ents *see $elow+, Do%

&%st provide a general description o) each doc%&ent and
e7plain why yo% $elieve it is privileged *)or e7a&ple0 letter
)ro& s, /rown Oyo%r lawyerP0 dated 1e$r%ary 2005+,
(he list o) doc%&ents &%st tell the other party where he or she
can e7a&ine the doc%&ents0 so &ake s%re yo%r doc%&ents are in
order and availa$le )or inspection,
Do% &%st contin%e to disclose doc%&ents right %p to the ti&e o)
trial, 3) yo% have )orgotten a$o%t doc%&ents or )ind doc%&ents a)ter
yo% have prepared yo%r list o) doc%&ents0 yo% &%st deliver an
a&ended *revised+ list o) doc%&ents to the other party,
When doc%&ents are disclosed in a laws%it0 they are con)idential
and cannot $e %sed )or any p%rpose other than the laws%it0 %nless the
co%rt or the other party has agreed, Do% cannot0 )or e7a&ple0 show
the doc%&ents to people who are not involved in the laws%it or %se
the doc%&ents in a di))erent laws%it,
See E7pedited litigation0 on page 5A0 )or the special r%les that
apply to discovery o) doc%&ents in these types o) cases,
Privilege
#rivilege &eans that yo% have the right to keep a doc%&ent
con)idential and yo% do not have to show it to the other party, 3n
other words0 yo% have to tell the other party that the doc%&ent e7ists0
$%t yo% do not have to let the other party see it,
Do% can clai& that a doc%&ent is privileged i) it is part o) yo%r
Jsolicitor-client relationship,K (hese privileged doc%&ents incl%de:
co&&%nications $etween yo%rsel) and yo%r lawyer *)or

e7a&ple0 a letter )ro& yo%r lawyer disc%ssing yo%r case+H
$rie)s *)or e7a&ple0 a research &e&o+ that yo%r lawyer wrote

to assist hi&sel) or hersel) in preparing yo%r caseH
i) yo% are representing yo%rsel)0 doc%&ents that yo% have

created d%ring the co%rse o) yo%r laws%it *)or e7a&ple0 yo%r
diary that records yo%r physical recovery )ro& an accident or
notes )ro& witnesses that yo% have interviewed+H
e7perts4 reports that have not $een delivered %nder S%pre&e

!o%rt R%le 60",
3) yo% clai& that a doc%&ent is privileged and the other party
doesn4t agree with yo%0 he or she can &ake an application in
cha&$ers to deter&ine whether the doc%&ent sho%ld $e disclosed,
Proving documents at trial
"t trial0 a doc%&ent can $e p%t into evidence:
to prove that it is a%thentic *real+0 or
to prove its contents,

(o prove that a doc%&ent is a%thentic0 the person who created the
doc%&ent can $e called as a witness to give evidence a$o%t it, <r0 the
doc%&ent4s a%thenticity can $e ad&itted0 )or e7a&ple0 %nder a notice
to ad&it *see "d&issions0 on page 9+,
I) a doc%&ent is p%t into evidence to prove its contents0 it will $e
considered hearsay and there)ore not ad&issi$le0 %nless it )alls within
one o) the e7ceptions to the hearsay r%le *see @earsay0 on page =9+,
(he %se o) doc%&ents as evidence is covered $y the J$est
evidenceK r%le, (his &eans that yo% generally need to s%$&it the
original doc%&ent i) yo% want to prove its contents, 3) the original
doc%&ent cannot $e prod%ced0 yo% &ay need to e7plain to the co%rt
why yo% are s%$&itting a copy C )or e7a&ple0 the original &ay $e
lost0 destroyed0 or so&eone else &ay have it,
Speci#ic documents
D%ring the co%rse o) litigation0 yo% &ay have to introd%ce &any
doc%&ents into evidence0 incl%ding $%siness records *)or e7a&ple0 an
invoice+ or a )inancial instit%tion record *)or e7a&ple0 a $ank
state&ent+, (he Evidence "ct will give yo% in)or&ation a$o%t how
these doc%&ents can $e ad&itted into evidence,
/%siness records are disc%ssed in section 62 o) the Evidence "ct,
" state&ent o) a )act in a $%siness record is ad&issi$le as evidence o)
the )act i):
the doc%&ent was kept or &ade in the %s%al co%rse o)

$%siness0 and
Proving Your Case in Supreme Court 2%

it was in the %s%al co%rse o) $%siness to record the state&ent

o) )act in the record,
Do% will need to call the person responsi$le )or &aking and
keeping the $%siness records to give evidence that the doc%&ent is
a%thentic0 %nless a%thenticity has $een ad&itted, edical records )all
into the category o) $%siness records,
Records )ro& )inancial instit%tions *a state&ent )ro& a $ank+ are
disc%ssed in section 56 o) the Evidence "ct, " $ank &anger or
acco%ntant can co&e to co%rt or provide an a))idavit con)ir&ing that
the $ank record is a%thentic,
?overn&ent records are disc%ssed in sections 25 and 2A to 55 o)
the Evidence "ct, (hese sections deal with $oth proving a%thenticity
and the contents o) vario%s types o) govern&ent records,
(he otor Fehicle "ct *sections A2 and A2,=+ states that certain
3ns%rance !orporation o) /! *3!/!+ records are Jsel)-
a%thenticating0K &eaning that they do not need to $e a%thenticated $y
a witness or $y ad&ission, (he act also says that state&ents o) )act
contained in these records are ad&issi$le as evidence o) those )acts,
$ntering documents into evidence
When evidence has $een ad&itted into co%rt in a trial0 it $eco&es an
e7hi$it, !ertain steps &%st $e )ollowed in order to get a piece o)
evidence &arked as an e7hi$it in the trial,
3n this e7a&ple0 yo% are a plainti)) who wants the co%rt to ad&it
*accept+ a signed contract as an i&portant piece o) evidence, Do% are
representing yo%rsel) and have called a witness to give evidence that
yo% saw the de)endant sign the contract, Do% have disclosed the
contract in yo%r list o) doc%&ents to the de)endant,
=, Show the contract to the other party4s lawyer, (ell the B%dge that
yo% have disclosed this doc%&ent to the other party $e)ore trial *or
have provided hi& or her with a copy+,
2, Show the contract to the witness,
5, "sk the witness >%estions0 leading hi& or her to con)ir& that he or
she saw the de)endant sign the contract and that the signat%re is the
de)endant4s,
6, "sk the B%dge to ad&it the contract into evidence as an e7hi$it *$y
saying0 )or e7a&ple0 Jy Lord0 34d like to o))er this contract as the
ne7t e7hi$it,K+, 3) the other party does not o$Bect to the doc%&ent
$eing entered into evidence as an e7hi$it0 the B%dge will con)ir&
that it is an e7hi$it and give it an e7hi$it n%&$er,
2, Proving Your Case in Supreme Court
+ritten sworn statements as evidence
Written sworn state&ents incl%de a))idavits and transcripts )ro&
e7a&inations )or discovery0 interrogatories0 and pre-trial e7a&ination
o) witnesses, 2ote that e7a&inations )or discovery0 interrogatories0
and pre-trial e7a&ination o) witnesses can only $e %sed in so&e
actions started $y a writ o) s%&&ons or state&ent o) clai& *see
#art 5: (ypes o) !o%rt @earings0 on page 2;+,
A##idavits
"n a))idavit is a written declaration o) )acts that a person *the
deponent+ signs %nder oath *swears that the contents are tr%e+ in )ront
o) a B%stice o) the peace at the co%rt registry or in )ront o) a lawyer or
notary p%$lic, Do% &%st give a copy o) the a))idavit to the other
party,
"))idavits are pri&arily %sed in cha&$ers hearings, "))idavits are
rarely %sed in reg%lar trials $eca%se evidence is %s%ally entered in
other ways0 s%ch as thro%gh the evidence o) witnesses, " witness who
gives evidence in trial &%st generally do so in person0 so that he or
she can $e cross-e7a&ined on the evidence $y the other party, 3n
so&e cases0 however0 the co%rt will allow evidence to $e given $y
a))idavit i) the deponent is not a$le or availa$le to appear in co%rt or
i) it wo%ld $e too e7pensive to $ring the deponent to the trial,
S%pre&e !o%rt R%le 5= *and 1or& 90+ gives in)or&ation a$o%t
a))idavits, See also the p%$lication Drafting Affidavits: A Lay
Persons Guide on the !o&&%nity Legal "ssistance Society we$site
at http:GGwww2,povnet,orgGp%$licationsQclas,
State&ents &ade in the a))idavit &%st $e relevant to the case and
&%st contain only )acts0 not opinions, 1or e7a&ple0 in yo%r a))idavit
yo% can say that yo% saw the plainti))4s car drive thro%gh an
intersection witho%t stopping at a red light0 $eca%se that is a )act, Do%
cannot say that the plainti)) is a $ad driver0 $eca%se that is B%st yo%r
opinion,
Do% can attach i&portant doc%&ents to yo%r a))idavit, (hese
attach&ents are called e7hi$its, (he a))idavit itsel) &%st re)er to the
e7hi$its and con)ir& that they are tr%e copies o) the originals,

(ranscripts
Do% can also %se transcripts *written records+ )ro& e7a&inations )or
discovery0 interrogatories0 and pre-trial e7a&ination o) witnesses as
evidence,
Examinations for discovery

"n e7a&ination )or discovery is a &eeting where one party asks the
other party a series o) >%estions, (he e7a&ination takes place $e)ore
a co%rt reporter who records the >%estions and answers and can
prod%ce a transcript *written record+ o) the e7a&ination0 which can $e
%sed as evidence at a trial in certain circ%&stances *see Lse o)
transcripts at trial0 on page 29+,
(he e7a&ination takes place in a &eeting roo& *not a co%rtroo&+
and is closed to the p%$lic, (he only people present are the parties0
their lawyers0 and the co%rt reporter, "ltho%gh a B%dge is not present0
an e7a&ination )or discovery is part o) the co%rt process and sho%ld
$e cond%cted with so&e degree o) )or&ality,
S%pre&e !o%rt R%le 2:*22+ gives so&e g%idelines a$o%t the
scope o) yo%r e7a&ination )or discovery, Do% can ask a $road range
o) >%estions in the e7a&ination )or discovery0 provided they are
relevant to yo%r case, Do%r goal is to )ind o%t what happened in yo%r
disp%te, (he party $eing e7a&ined &%st take an oath or &ake an
a))ir&ation that he or she will tell the tr%th at the discovery and &%st
answer >%estions within his or her knowledge0 which incl%des
providing the na&es and addresses o) others who &ight know the
answers to the >%estions, (he >%estions cannot $e a$o%t privileged
in)or&ation,
(he r%les o) ad&issi$ility o) evidence are &ore loosely applied in
an e7a&ination )or discovery, 1or that reason0 >%estions and answers
only have to relate to a &atter in >%estion in the disp%te, 1or e7a&ple0
the party who is cond%cting the e7a&ination or the party who is
answering >%estions &ay re)er to things that he or she has $een told
$y others *hearsay+,
Do% &ight %se a transcript )ro& an e7a&ination )or discovery i) a
witness gives di))erent evidence at trial than he or she did in the
e7a&ination, Do%r p%rpose will $e to show that the witness is not
credi$le $eca%se he or she has given two di))erent versions o) the
story,
1or e7a&ple0 the witness &ay have said %nder oath in an
e7a&ination )or discovery that he or she went thro%gh the intersection
when the light was a&$er, 3) the witness then states at trial that he or
she stopped when the light changed to a&$er0 the witness has given
two di))erent versions o) the event,
"t trial0 yo% can re&ind the witness that he or she &ade the prior
state&ent $y reading that part o) the e7a&ination )or discovery
transcript and having the witness ad&it that he or she &ade that
previo%s state&ent %nder oath, 3) the witness cannot e7plain the
inconsistent state&ents0 it will $e evidence that the witness is not
relia$le,
(here are li&itations on e7a&inations )or discovery in )ast track
litigation *see page 5:+ and e7pedited litigation *see page 5A+,
Interrogatories
3nterrogatories are written >%estions given to the other party to
answer %nder oath, Do% can deliver a list o) >%estions to the other
party and they have to provide answers0 in the )or& o) an a))idavit0
within 2= days, Do% can %se interrogatories at trial in the sa&e way as
yo% wo%ld %se e7a&ination )or discovery transcripts,
3nterrogatories are %se)%l to get )act%al in)or&ation and perhaps
help yo% decide on other i&portant >%estions )or an e7a&ination )or
discovery, Do% &ight want to %se interrogatories to get in)or&ation
like data0 $ank acco%nt n%&$ers0 inventory lists0 c%sto&er lists0 and
so on,
S%pre&e !o%rt R%le 2; sets o%t the r%les a$o%t interrogatories,
3nterrogatories can only $e %sed in )ast track cases %nder R%le 99
with the co%rt4s per&ission0 and can4t $e %sed at all in e7pedited
cases %nder R%le 9A,
Pre-trial examination of witnesses
3n addition to e7a&ining another party in the case0 yo% can so&eti&es
e7a&ine a witness $e)ore trial *see S%pre&e !o%rt R%le 2A+, (he
co%rt &%st give per&ission )or yo% to e7a&ine a witness $e)ore trial0
so yo% will have to &ake a cha&$ers application and get an order
$e)ore yo% do so,
Do% can %se this proced%re i) yo% need in)or&ation )ro& so&eone
who is not a party to the case and yo% cannot get the in)or&ation any
other way *i) the witness will not respond to yo%r re>%est )or the
in)or&ation+, #re-trial e7a&ination o) witnesses is not allowed in
e7pedited litigation cases *see page 5A+,
Use of transcripts at trial
(he co%rt &ay allow a transcript to $e s%$&itted as evidence at trial i)
a witness:
is deadH
is %na$le to co&e to co%rt to testi)y $eca%se o) illness0 age0 or

i&prison&entH or
cannot $e )orced to attend $y s%$poena,

Lse o) recorded testi&ony *%nder oath+ at trial is generally
descri$ed in S%pre&e !o%rt R%le 60*6++,
3) yo% are %sing an e7a&ination )or discovery transcript in a trial0
yo% have to present it to the witness d%ring cross-e7a&ination, 3n
other words0 i) yo% are e7a&ining the de)endant at trial and he or she
has given evidence that is di))erent )ro& the evidence he or she gave

in the e7a&ination )or discovery0 yo% have to ask the de)endant a$o%t
the evidence he or she gave in discovery,

Proving Your Case in Supreme Court 2'

()pes o#
Court &earings
(his section e7plains di))erent types o) co%rt hearings and the kinds o)
evidence yo% can %se in each type,
Pre:trial *earings
(he r%les o) evidence are less restrictive at pre-trial hearings than at trial
$eca%se pre-trial hearings deal with &atters other than the &ain iss%e in the
laws%it0 s%ch as proced%ral iss%es in the case, 1or e7a&ple0 yo% co%ld $ring
copies o) yo%r $ank state&ent to a pre-trial con)erence witho%t calling the
$ank &anager as a witness to prove they are a%thentic $ank doc%&ents, So&e
co&&on pre-trial hearings are disc%ssed $elow,
Interlocutor) c*ambers applications
3) yo% start yo%r laws%it with a writ o) s%&&ons and state&ent o) clai& *)or
e7a&ple0 in a )a&ily law action or a &otor vehicle accident clai&+0 yo% will
likely $e involved in a cha&$ers application, !ha&$ers applications take
place in a p%$lic co%rtroo& and are heard $y a B%dge or &aster *a type o)
B%dge who hears only interloc%tory applications+, 3n a cha&$ers application0
yo% are asking the B%dge to resolve an iss%e *o)ten a$o%t proced%re+ that
co&es %p $e)ore trial,
3n an interloc%tory cha&$ers application0 yo% are asking the co%rt to &ake
an order that is not )inal, 1or e7a&ple0 a divorce proceeding &ay not co&e to
trial )or a long ti&e and the wi)e &ay need a te&porary order )ro& the co%rt
)or spo%sal s%pport, (his is an interloc%tory application $eca%se the co%rt is
not $eing asked to &ake a )inal decision a$o%t the rights o) the parties and
their clai&,
<ther hearings happen in cha&$ers0 $%t they are asking the co%rt )or )inal
orders *see S%&&ary B%dg&ent C R%le =A0 S%&&ary trials C R%le =A"0 and
@earing o) a petition0 $elow+,
Part %
Part %! ()pes o# Court &earings

%0 Proving Your Case in Supreme Court
See the g%ide$ook Chambers Applications on the S%pre&e !o%rt Sel)-
@elp 3n)or&ation !entre we$site at www,s%pre&eco%rtsel)help,$c,caGsel)-
help,ht& and the p%$lications Preparing a Chambers Record and Contested
Chambers Procedures: A Lay Persons Guide on the !o&&%nity Legal
"ssistance Society4s we$site at http:GGwww2,povnet,orgGp%$licationsQclas,
$vidence at an interlocutor) c*ambers application
S%pre&e !o%rt R%le 52 gives yo% in)or&ation a$o%t applications heard in
cha&$ers, Evidence is generally given $y a))idavit0 not $y the oral testi&ony
o) witnesses,
3n special circ%&stances0 the co%rt can &ake an order %nder R%le 52*A+ )or
other types o) evidence to $e ad&itted, 1or e7a&ple0 the co%rt can order that a
deponent o) an a))idavit *the person who has sworn that the contents o) the
a))idavit are tr%e+ co&e to the cha&$ers application *or appear $e)ore another
person+ so that he or she can $e cross-e7a&ined, *2ote that this is rarely
ordered,+
@earsay evidence is ad&issi$le0 $%t the B%dge &ay not give it as &%ch
weight as other0 $etter evidence, Do%$le hearsay is not ad&issi$le *see
@earsay0 on page =9+,
Pre:trial and settlement con#erences
#re-trial con)erences and settle&ent con)erences are private0 in)or&al
&eetings $etween lawyers0 their clients0 and a B%dge or &aster *a type o) B%dge
who hears only interloc%tory applications+ in which the B%dge e7plores pre-
trial iss%es and settle&ent options with the parties, #re-trial con)erences are
disc%ssed in S%pre&e !o%rt R%le 55,
"t a pre-trial con)erence yo% wo%ld consider:
si&pli)ying the iss%es0
whether the pleadings need to $e a&ended *revised+0
i) )acts can $e ad&itted to strea&line the trial0
i) the parties can agree on the a&o%nt o) da&ages0
the trial date0 and
anything that will help resolve the case,

/e)ore or at the pre-trial con)erence0 the parties &%st e7change a list o)
witnesses they intend to call at trial0 with ti&e esti&ates )or $oth direct and
cross-e7a&ination,
3) the B%dge orders the parties to attend a settle&ent con)erence0 the parties
and their lawyers will &eet with a B%dge to disc%ss the options )or settling the
case,
$vidence at a pre:trial con#erence


/eca%se the p%rpose o) a pre-trial con)erence is not to resolve the &ain
disp%te set o%t in the pleadings0 yo% do not have to co&e to the con)erence
with evidence0 a))idavits0 or witnesses to prove any iss%es, Do% &%st0
however0 $e prepared to disc%ss the iss%es in the case0 proced%ral &atters0 and
settle&ent options,
3udicial case con#erences
#re-trial &eetings )or )a&ily law cases are called B%dicial case con)erences
*'!!+, " '!! is a con)idential and in)or&al hearing where the parties and
their lawyers sit at a ta$le with a B%dge or &aster *a type o) B%dge who hears
only interloc%tory applications+ and disc%ss the iss%es, See S%pre&e !o%rt
R%le 90E )or a general disc%ssion o) the topic,
" B%dicial case con)erence &%st $e held $e)ore a party $rings an
interloc%tory *not )inal+ application in a )a&ily case started a)ter '%ly =0 2002,
(his r%le does not apply i) the co%rt application is an e&ergency0 s%ch as
when one spo%se is planning to i&&ediately dispose o) a )a&ily asset *see
R%le 90E *2++,
(he overall p%rpose o) the '!! is to help the parties agree on so&e or all
o) the &atters in disp%te, Every e))ort is &ade to settle the case, 3) that cannot
$e done0 the B%dge or &aster will disc%ss with the parties how and when the
trial will $e heard and how it can $e cond%cted in a cost-e))icient &anner,
$vidence at a =udicial case con#erence
2o evidence is presented at a B%dicial case con)erence,
7e#ault =udgment
3) the de)endant is Jin de)a%lt0K it &eans that he or she has )ailed to do
so&ething0 s%ch as )ile co%rt doc%&ents on ti&e, 3n this sit%ation0 yo% can ask
the co%rt to &ake a de)a%lt B%dg&ent0 which &eans to &ake a )inal B%dg&ent
in yo%r )avo%r,
1or e7a&ple0 i) a de)endant does not )ile an appearance to yo%r clai&0 yo%
can apply )or de)a%lt B%dg&ent %nder S%pre&e !o%rt R%le =:, 3) a de)endant
has )iled an appearance $%t has not )iled a state&ent o) de)ence within the
ti&e allowed0 yo% can apply )or de)a%lt B%dg&ent %nder R%le 25,
"n application )or de)a%lt B%dg&ent does not re>%ire a co%rt hearing, 3t is
&ade $y s%$&itting doc%&ents to the co%rt registry and is called a Jdesk
order,K
Do% can apply )or de)a%lt B%dg&ent i) yo%r clai& is )or:

li>%idated da&ages *the a&o%nt yo% are clai&ing can $e easily

deter&ined $y looking at doc%&ents or other evidence0 s%ch as an
%npaid invoice )or &erchandise+H
%nli>%idated da&ages *the a&o%nt yo% are clai&ing has to $e decided

$y the co%rt0 s%ch as a clai& )or da&ages )or an inB%ry+H or
the ret%rn o) personal property wrong)%lly held $y the de)endant,

3) yo%r case does not )all into one o) these categories0 yo% will have to
&ake a s%&&ary B%dg&ent application %nder R%le =A i) the de)endant has not
)iled an appearance or state&ent o) de)ence to yo%r clai& *s%ch as a clai& )or
an inB%nction that yo%r neigh$o%r keep his dog o)) yo%r property+,
$vidence at a de#ault =udgment application
(o apply )or a de)a%lt B%dg&ent0 yo% &%st provide the )ollowing in)or&ation
to the co%rt registry:
"n a))idavit o) service to prove that yo%r writ o) s%&&ons andGor

state&ent o) clai& were served on the de)endant
#roo) that the de)endant has not )iled an appearance or a state&ent o)

de)ence *(o prove that the de)endant has not )iled an appearance
andGor a state&ent o) de)ence0 yo% &%st )ile a doc%&ent called a
re>%isition O1or& 2P with the co%rt registry, (he registry will search
the )ile0 and i) an appearance has not $een )iled0 the re>%isition will $e
&arked Jnil,K Do% can then )ile this re>%isition with yo%r application
)or de)a%lt B%dg&ent,+
" re>%isition *1or& 2+ that asks the co%rt to grant yo% B%dg&ent
$eca%se the de)endant has )ailed to )ile his or her response doc%&ents
within the allowed ti&e *Do% can re>%est de)a%lt B%dg&ent on the
sa&e re>%isition as the one s%$&itted to search the )ile )or the
de)endant4s appearance,+
" dra)t B%dg&ent *%se 1or& A9+
" $ill o) costs i) yo% are asking )or )inal B%dg&ent in yo%r case *a $ill
o) costs sets o%t the costs o) the action yo% clai& yo% are entitled to
%nder "ppendi7 / o) the R%les+
" calc%lation o) interest on yo%r clai&0 i) yo% are clai&ing interest

1or &ore detail0 see the g%ide$ook Alternatives to Trial on the S%pre&e
!o%rt Sel)-@elp 3n)or&ation !entre we$site at

Proving Your Case in Supreme Court %%

Summar) =udgment > .ule <
JS%&&aryK &eans J$rie),K 3n a s%&&ary B%dg&ent0 the co%rt process is
dra&atically shortened0 so yo% can save ti&e and &oney $y %sing this
proced%re i) it is appropriate, S%&&ary B%dg&ent applications are &ade %nder
S%pre&e !o%rt R%le =A0 so they are o)ten re)erred to as R%le =A applications,
(hese applications are o)ten %sed in de$t cases,
" s%&&ary B%dg&ent application can $e &ade in )ront o) a B%dge or a
&aster when it is clear that either the plainti)) or de)endant has no case0 s%ch
as where a de$t has $een inc%rred $%t not paid, Do% wo%ld only $ring s%ch an
application i) there was clearly no evidence that the other party had a
reasona$le clai& or de)ence, " s%&&ary B%dg&ent application is &ade in
cha&$ers0 so the r%les and proced%res governing cha&$ers applications apply
*R%le 66 and 5="+,
")ter the de)endant in an action has entered an appearance *)iled a )or&
indicating that he or she is contesting the laws%it+0 the plainti)) can apply to
the co%rt )or s%&&ary B%dg&ent on the gro%nd that the de)endant has no real
de)ence to the clai&, 3) the co%rt agrees0 it will give B%dg&ent in )avo%r o) the
plainti)),
3) the co%rt decides that there is no de)ence to part o) the plainti))4s clai&0
the plainti))4s action can contin%e on the re&aining part o) the clai&, 1or
e7a&ple0 i) the plainti)) clai&s that the de)endant owes hi& &oney0 the co%rt
&ay agree that the de$t e7ists0 $%t the plainti)) still has to prove the a&o%nt o)
&oney owing to hi& or her, 3n this case0 the action wo%ld contin%e only on
the iss%e o) the a&o%nt owing to the plainti)),
(he de)endant can also $ring an application )or s%&&ary B%dg&ent, ")ter
the de)endant enters an appearance he or she can apply to the co%rt )or
B%dg&ent on the gro%nd that there is no $asis )or the whole or part o) the
plainti))4s clai&,
1or &ore details0 see the g%ide$ook ummary !udgment and ummary
Trials in the upreme Court on the S%pre&e !o%rt Sel)-@elp 3n)or&ation
!entre we$site at www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&,
$vidence at a summar) =udgment application
(he party who $rings a s%&&ary B%dg&ent application *either the plainti)) or
the de)endant+ )iles an a))idavit setting o%t the )acts s%pporting his or her
application in cha&$ers, Witnesses do not nor&ally give evidence at these
hearings, "ltho%gh the hearing is held in cha&$ers0 the r%les o) evidence are
stricter than )or an interloc%tory cha&$ers application $eca%se yo% are asking
the co%rt to &ake a )inal order,
Do%r a))idavit &%st $e clear0 co&plete0 and well dra)ted $eca%se yo% are
asking the co%rt to &ake a )inal order $ased on that a))idavit, (he co%rt does

%, Proving Your Case in Supreme Court
not allow hearsay evidence in applications )or )inal orders *see S%pre&e !o%rt
R%le 5=*=0++0 so the a))idavit can contain only in)or&ation that yo% have
direct knowledge a$o%t, 3) yo% do not have direct knowledge o) the )acts that
yo% need to present to the co%rt0 yo% will have to get separate a))idavits )ro&
everyone who does,
3) yo% are the plainti)) and yo% are $ringing a s%&&ary B%dg&ent
application0 yo%r a))idavits &%st contain:
the )acts that prove yo%r clai&H and
state&ents declaring that yo% *or the person swearing the a))idavit+ do
not know o) any )acts that wo%ld provide a de)ence to yo%r clai&0
e7cept perhaps as to the a&o%nt that yo% are clai&ing,
3) yo% are the de)endant and yo% are $ringing a s%&&ary B%dg&ent
application0 yo%r a))idavits &%st contain:
the )acts that prove that there is no $asis )or the plainti))4s clai&H and
state&ents declaring that yo% *or the person swearing the a))idavit+ do
not know o) any )acts that wo%ld s%pport the plainti))4s clai&.
Summar) trials > .ule <A
" s%&&ary trial is a $rie) trial, " S%pre&e !o%rt R%le =A" s%&&ary trial is
an alternative to a )%ll trial, 3t is di))erent than a )%ll trial $eca%se:
it is held in cha&$ers0
evidence is given $y a))idavit instead o) $y witnesses0 and
it is shorter *there is no testi&ony )ro& witnesses+,

Do% can apply )or a s%&&ary trial i):
the de)endant has )iled a de)ence0
a third party has )iled a de)ence0 or
the plainti)) has )iled a state&ent o) de)ence to a co%nterclai&,

S%&&ary trials are appropriate when a))idavits can provide eno%gh
evidence )or the B%dge to reach a decision,
3n deciding whether a R%le =A" s%&&ary trial is the appropriate type o)
hearing )or the case0 the B%dge will consider:
the a&o%nt o) the clai& involved0
the co&ple7ity o) the iss%es0 and
whether a delay wo%ld har& either party4s case *waiting )or a trial date
&ay ca%se a delay+,
" B%dge hears a s%&&ary trial in cha&$ers0 so the r%les and proced%res
governing cha&$ers applications apply *see R%le 66 and 5="+, (he B%dge

Proving Your Case in Supreme Court %5

hearing the s%&&ary trial application can decide that a )%ll trial is needed,
asters cannot hear s%&&ary trial applications,
(he s%&&ary trial sho%ld $e as $rie) as possi$le0 $%t it will o)ten take
&ore than two ho%rs, 3n that case0 yo% &%st )ollow the r%les a$o%t lengthy
cha&$ers applications *see the g%ide$ook Chambers Applications on the
S%pre&e !o%rt Sel)-@elp 3n)or&ation !entre we$site at
www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&+, 1or e7a&ple yo% will have
to s%$&it a written legal arg%&ent and a list o) a%thorities *the case law and
legislation that yo% are relying on when arg%ing yo%r case+,
$vidence at summar) trial
"ltho%gh a s%&&ary trial is held in cha&$ers0 yo% are asking the co%rt to
&ake a )inal order0 so the r%les o) evidence are stricter than an interloc%tory
cha&$ers application.
Like s%&&ary B%dg&ent applications0 evidence in s%&&ary trials is
presented $y a))idavits and not the testi&ony o) witnesses, Do% &ay also
present other evidence0 incl%ding:
answers to interrogatories0
>%estions and answers )ro& e7a&ination )or discovery transcripts0
ad&issions &ade in response to a notice to ad&it re>%est0 and
e7pert reports,
Do%r a))idavit &%st $e clear0 co&plete0 and well dra)ted $eca%se yo% are
asking the co%rt to &ake a )inal order $ased on that a))idavit, (he co%rt does
not allow hearsay evidence in applications )or )inal orders *see R%le 5=*=0++0
so the a))idavit can contain only in)or&ation that yo% have direct knowledge
a$o%t, 3) yo% do not have direct knowledge o) the )acts that yo% need to
present to the co%rt0 yo% will have to get separate a))idavits )ro& everyone
who does,
1or &ore details0 see the g%ide$ook ummary !udgment and ummary
Trials in the upreme Court on the S%pre&e !o%rt Sel)-@elp 3n)or&ation
!entre we$site at www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&,
&earing o# a petition
3) yo% start yo%r laws%it $y an originating application *a petition+0 the hearing
will $e in cha&$ers and a B%dge will &ake a )inal decision at that ti&e, 1or
e7a&ple0 to start an action )or B%dicial review0 like a review o) an ar$itrator4s
decision %nder the Residential (enancy "ct0 yo% &%st )ile a petition,
" B%dge will hear the petition in cha&$ers0 so the r%les and proced%res
governing cha&$ers applications apply, See0 )or e7a&ple:

R%le =0 *originating applications+0
R%le 5=" *setting down applications )or hearing+0 and
R%le 52 *cha&$ers+,
$vidence at a *earing o# a petition
"ltho%gh this hearing is in cha&$ers0 the r%les o) evidence are stricter than an
interloc%tory cha&$ers application $eca%se yo% are asking the co%rt to &ake a
)inal order, (he evidence is given $y a))idavit0 not $y witnesses, 3n
proceedings started $y petition0 there is no discovery o) doc%&ents or
e7a&inations )or discovery,
1or &ore in)or&ation0 see the g%ide$ook tarting a Civil Proceeding in
upreme Court on the S%pre&e !o%rt Sel)-@elp 3n)or&ation !entre we$site
at www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&,
(rials
" B%dge at a trial will hear yo%r case i) yo% do not settle with the other party
or yo% have not chosen to resolve the action $y one o) the shorter co%rt
proced%res *)or e7a&ple0 a R%le =A" application+,
(he trial is yo%r opport%nity to tell yo%r story to a B%dge $y presenting
i&portant and relevant evidence a$o%t yo%r disp%te, ?et )a&iliar with trial
proced%re $y reviewing these S%pre&e !o%rt R%les:
R%le 5; *proced%ral iss%es a$o%t trials+0
R%le 60 *evidence and proced%re at trial0 s%ch as %se o) transcripts0

)ailing to prove a &aterial )actH e7hi$its0 e7a&ination o) witnesses0
etc,+0 and
R%le 60" *evidence o) e7perts+,

(he steps taken in a typical trial are set o%t in the g%ide$ook Preparing for
Trial and Trial in upreme Court on the S%pre&e !o%rt Sel)-@elp
3n)or&ation !entre we$site at www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&,
$vidence at trial
When preparing )or a trial0 yo% need to think a$o%t the )acts that yo% need to
prove to the co%rt and how yo% will prove the&, 3t is i&portant to organi.e all
yo%r legal research and all yo%r evidence,
Do% will pro$a$ly provide evidence thro%gh:
Lay witnesses0
e7pert witnesses andGor e7perts reports0 and
doc%&ents,

Proving Your Case in Supreme Court %4

(he r%les a$o%t how yo% can introd%ce evidence thro%gh witnesses and
doc%&ents are disc%ssed earlier in this $ooklet, See #art 2: @ow to 3ntrod%ce
Evidence into !o%rt0 on page ;,
?ast track litigation > .ule 11
1ast track litigation is a )aster and less e7pensive option )or cases going to
trial, Either the plainti)) or the de)endant can decide to )ast track the process,
Do% can %se the )ast track proced%re descri$ed in S%pre&e !o%rt R%le 99
i):
it is not a )a&ily law case0
yo% started yo%r action with a writ o) s%&&ons and state&ent o) clai&
*not a petition+0 and
yo%r trial can $e heard in two days or less,

Lnder the )ast track proced%re0 yo% will do all the sa&e steps as a reg%lar
laws%it0 $%t the process is speeded %p $eca%se the ti&e li&its are shortened,
R%le 99 states that:
the trial &%st take less than two days and $e heard witho%t a B%ry0
the list o) doc%&ents &%st $e delivered very >%ickly0
e7a&inations )or discovery cannot take longer than two ho%rs per
party *%nless the co%rt orders or the parties agree otherwise+0
the trial date will $e within )o%r &onths o) when yo% apply )or a trial
date0
the parties &%st )ile a trial agenda0
costs cannot e7ceed a certain a&o%nt0 and
interrogatories are not allowed,

3) yo% decide to %se the )ast track proced%re0 yo% &%st incl%de a J1or&
=5: C R%le 99 endorse&entK with yo%r state&ent o) clai& or yo%r state&ent
o) de)ence,
1or &ore details0 see the g%ide$ook "ast Trac# Litigation in upreme
Court on the S%pre&e !o%rt Sel)-@elp 3n)or&ation !entre we$site at
$vidence at a #ast track trial
(he evidence yo% need to prove yo%r case will $e the sa&e whether the trial is
J)ast trackedK or not, "t a )ast track trial0 however0 it is i&portant to $e
especially care)%l a$o%t esti&ating the a&o%nt o) ti&e yo% need to e7a&ine
$oth yo%r witnesses and the other party4s witnesses, See (rials0 on page 59,

%< Proving Your Case in Supreme Court
$/pedited litigation > .ule 1<
E7pedited litigation &eans that the litigation process is speeded %p, 3t is
di))erent )ro& a )ast track action %nder S%pre&e !o%rt R%le 99 $eca%se0 in an
e7pedited action0 the pre-trial proced%res and evidence yo% call at trial are
restricted,
E7pedited litigation %nder R%le 9A is a two-year pilot proBect to red%ce the
cost o) litigation in cases where there is a s&aller a&o%nt o) &oney in disp%te,
(he proBect applies only to actions:
started a)ter Septe&$er =0 2005H
started in the Fanco%ver0 Fictoria0 #rince ?eorge0 or 2elson registriesH
started %sing a writ o) s%&&ons and state&ent o) clai&H
where the only clai& is )or &oney0 real property0 andGor personal
propertyH and
where the a&o%nt clai&ed is %nder I=000000,

E7pedited litigation cannot $e %sed in B%ry trials0 )a&ily law cases0 or class
action laws%its,
1or &ore in)or&ation0 see the g%ide$ook $%pedited Litigation in upreme
Court on the S%pre&e !o%rt Sel)-@elp 3n)or&ation !entre we$site at
www,s%pre&eco%rtsel)help,$c,caGsel)-help,ht&
$vidence at an e/pedited trial
(he r%les a$o%t cond%cting a trial apply to e7pedited litigation0 e7cept )or the
r%les a$o%t discovery o) doc%&ents0 e7a&inations )or discovery0
interrogatories0 and pre-trial e7a&ination o) witnesses,
7iscover) o# documents
(he proced%res *set o%t in S%pre&e !o%rt R%le 29+ a$o%t disclos%re o)
doc%&ents in a co%rt case do not apply to e7pedited litigation, 3nstead0 R%le
9A*=5+ to *22+ applies to doc%&ent discovery, 1or e7a&ple0 yo% &%st deliver
a list o) doc%&ents to the other party *and he or she to yo%+ very >%ickly C
within =5 days a)ter the pleadings close,
(he test )or what doc%&ents have to $e incl%ded in yo%r list o) doc%&ents
in an e7pedited trial is also di))erent than in reg%lar co%rt actions, (he list o)
doc%&ents in a R%le 9A action &%st contain:
all doc%&ents re)erred to in the pleadings0
all doc%&ents yo% intend to re)er to at trial0 and
all doc%&ents %nder yo%r control that co%ld $e %sed $y any party at the
trial to prove or disprove a &aterial )act,

Proving Your Case in Supreme Court %'

Do% &%st also deliver a copy o) every doc%&ent on the list to the other
party, (he original doc%&ents &%st $e availa$le )or the other party to inspect,
Do% &%st contin%e to disclose doc%&ents right %p to the ti&e o) trial, 3)
yo% have )orgotten a$o%t doc%&ents or )ind doc%&ents a)ter yo% have
prepared yo%r list o) doc%&ents0 yo% &%st deliver an a&ended *revised+ list o)
doc%&ents to the other party,
$/aminations #or discover)
E7a&inations )or discovery will $e held only i) $oth parties agree and the
co%rt orders the discoveries, (hey are li&ited to two ho%rs *%nless the co%rt
orders or the parties agree to hold the& longer+,
S%pre&e !o%rt R%le 9A*25+ to *50+ sets o%t the proced%re )or
e7a&inations )or discovery in an e7pedited litigation case, Do% cannot %se
interrogatories or e7a&ine witnesses $e)ore trial in e7pedited cases,
+itnesses
Do% &%st deliver to the other party a list o) witnesses that yo% intend to call at
trial0 as well as a written s%&&ary o) the evidence yo% e7pect the& to give,
Do% cannot %se a witness at trial %nless yo% have )ollowed this proced%re,
(he r%les a$o%t e7pert witnesses at trial are the sa&e in e7pedited
litigation, (he only di))erence is that yo% can %s%ally call only one e7pert
witness, (he co%rt &ay appoint a Bointly appointed e7pert0 which &eans that
one e7pert provides evidence )or $oth parties.
Appeals to t*e Supreme Court
"n appeal is when yo% ask the S%pre&e !o%rt to review a decision &ade $y
the #rovincial !o%rt or an ad&inistrative tri$%nal, Do% can appeal to the
S%pre&e !o%rt only i) a stat%te gives yo% that right, 1or e7a&ple0 appeal
decisions )ro& the #rovincial !o%rt o) /! and decisions &ade $y so&e
ad&inistrative $odies0 like the S%perintendent o) otor Fehicles0 $eca%se that
right is set o%t in legislation,
3) a stat%te does not speci)ically give yo% the right to appeal to the
S%pre&e !o%rt0 yo% have to appeal $y way o) B%dicial review0 disc%ssed on
page 6=,
"ppeals tend to )oc%s on law rather than )acts, (he S%pre&e !o%rt B%dge
will not )ind )a%lt with the trial B%dge4s deter&ination o) the )acts %nless it was
clearly wrong,
Appeals #rom Small Claims Court
(he proced%re )or appealing a S&all !lai&s !o%rt decision is set o%t in:

,0 Proving Your Case in Supreme Court
#art 2 o) the S&all !lai&s "ct o) /! *)or &ore in)or&ation0 go to the

inistry o) "ttorney ?eneral4s !o%rt Services we$site at
www,ag,gov,$c,caGco%rts and click on S&all !lai&sH )or the S&all
!lai&s #roced%ral ?%ide0 go to
www,ag,gov,$c,caGco%rtsGcivilGs&allclai&sGinde7,ht&+H
S%pre&e !o%rt R%le 6;*5+H and
the 2ove&$er 220 20060 #ractice Direction called tandard Directions

for mall Claims Appeals *go to the !o%rts o) /! we$site at
www,co%rts,gov,$c,caGsc0 click on #ractice Directions and 2otices
%nder Links0 and then choose !ivil+,
"n appeal is not a new trial in the S%pre&e !o%rt0 e7cept when a S%pre&e
!o%rt B%dge allows it0 which is rare, Do% cannot $ring new evidence in yo%r
appeal0 %nless the B%dge allows it0 which is also rare,
3) yo% are appealing yo%r case )ro& a decision &ade in S&all !lai&s
!o%rt0 yo% are called the appellant and the other party is called the
respondent,
(he respondent can apply )or s%&&ary dis&issal %nder R%le 6;*5+*e+ i)
the appellant does not co&ply with the ti&e li&its )or )iling the transcript0
state&ent o) arg%&ent0 proo) o) service0 or proo) o) ordering the transcript,
Appeals #rom #amil) cases in Provincial Court
Section =9 o) the 1a&ily Relations "ct allows yo% to appeal a )a&ily co%rt
decision &ade in #rovincial !o%rt0 as long as it was not an interi& order *an
order that is not )inal+,
(he appeal is governed $y a standard set o) r%les0 which yo% can see in
1a&ily Law #ractice Direction R5 on the !o%rts o) /! we$site at
www,co%rts,gov,$c,ca *click on #ractice Directions and 2otices %nder Links0
and then click on 1a&ily+, Do% &%st $ring the appeal within 60 days o) the
#rovincial !o%rt order, (he proced%re is set o%t in section =9*6+ o) the 1a&ily
Relations "ct,
When yo% are appealing a decision )ro& the #rovincial !o%rt0 yo% are
called the appellant and the other party is called the respondent,
Do% &%st &ake and serve the )ollowing doc%&ents on the respondent:
a notice o) appeal in 1or& 5;"0 and
a co&plete transcript o) the oral evidence given at the #rovincial !o%rt

hearing and the reasons )or B%dg&ent *yo% the appellant &%st
order and pay )or these+,

/oth parties &%st prepare a written o%tline setting o%t:
the gro%nds o) the appeal *i) yo% are the appellant+0


Proving Your Case in Supreme Court ,

the order yo% are asking the co%rt to &ake0 and
the )acts and law yo% are relying on *incl%ding a list o) a%thorities
case law and legislation+,
Do% &%st also prepare an a))idavit o) service o) the doc%&ents on the
respondent,
Do% cannot $ring new evidence to an appeal in S%pre&e !o%rt0 %nless the
co%rt allows it0 which is rare, (he S%pre&e !o%rt will review the transcript o)
the #rovincial !o%rt hearing and hear yo%r legal arg%&ent *yo%r reasons why
the #rovincial !o%rt did not properly apply the law to the )acts o) yo%r case+,
")ter hearing yo%r appeal0 the S%pre&e !o%rt can:
con)ir& the order o) the #rovincial !o%rt0
set aside the order o) the #rovincial !o%rt0
&ake any order that the #rovincial !o%rt co%ld have &ade0 or
direct the #rovincial !o%rt to have a new hearing,

Appeals #rom tribunals
Do% can appeal a decision o) a tri$%nal to the S%pre&e !o%rt only i) the
legislation that applies to yo%r case allows yo% to appeal *)or e7a&ple0 yo%
can appeal a decision $y the S%perintendent to s%spend yo%r driver4s license
%nder the provisions o) the otor Fehicle "ct+,
<nce an appeal has $een )iled in the S%pre&e !o%rt0 it is governed $y
S%pre&e !o%rt R%les *see R%le 6;+, "ccording to R%le 6;*5+0 the co%rt can
give directions a$o%t the hearing o) the appeal0 incl%ding orders that:
doc%&ents or transcripts $e prod%ced0
evidence $e introd%ced %sing a))idavits or evidence $e given orally0 or
the appeal $e decided $y hearing arg%&ent on a point o) law only,

3udicial review
3) a stat%te does not speci)ically give yo% the right to appeal to the S%pre&e
!o%rt0 yo% &ay still $e a$le to have a B%dicial review o) a tri$%nal decision
%nder the provisions o) the '%dicial Review #roced%re "ct,
1or e7a&ple0 yo% can apply to the S%pre&e !o%rt o) /! to review an
ar$itrator4s decision %nder the Residential (enancy "ct, 2ote0 however0 that
the co%rt recogni.es that ad&inistrative tri$%nals0 s%ch as the Residential
(enancy (ri$%nal0 are speciali.ed in their area o) e7pertise0 and so the co%rt is
not easily pers%aded to reverse a tri$%nal4s decision,

,2 Proving Your Case in Supreme Court
$vidence at a =udicial review *earing
3n a B%dicial review0 the B%dge will not re-try yo%r case or )oc%s on whether he
or she wo%ld have &ade a di))erent decision than the tri$%nal, (here)ore0 yo%
generally cannot $ring new )acts or evidence to the review,
Do% start an application )or B%dicial review with a petition *see #etitions0
a$ove+, Do% will need the )ollowing doc%&ents and evidence:
" petition that asks )or relie) *a re&edy+ %nder the '%dicial Review
#roced%re "ct
"n a))idavit that tells the co%rt what happened in the tri$%nal hearing,
(he a))idavit can only contain in)or&ation that was s%$&itted at the
tri$%nal hearingH it cannot contain new evidence, 3t &%st incl%de the
)ollowing in)or&ation:
o
(he dates o) the vario%s stages o) the tri$%nal and the hearing
o
(he doc%&ents that were p%t $e)ore the tri$%nal *as e7hi$its+
o
the tri$%nal4s decision *as an e7hi$it+
o
" transcript o) the tri$%nal hearing *as an e7hi$it0 i) there is a
transcript+
"n o%tline *a legal arg%&ent+ that incl%des the )ollowing:

o
(he )acts yo% are relying on
o
(he order yo% are asking the co%rt to &ake
o
(he stat%tes yo% are relying on
o
(he legal arg%&ent yo% are &aking
3) the B%dicial review hearing will take &ore than two ho%rs0 it will $e
p%t on the trial list and yo% will need to prepare a !ha&$ers Record *a
!ha&$ers Record contains a written arg%&ent and a list o) a%thorities
C the co%rt cases and stat%tes yo% are relying on in yo%r case+
1or &ore in)or&ation a$o%t B%dicial review and how to prepare a
!ha&$ers Record0 see the p%$lication !udicial Revie&: A Lay Persons Guide
on the !o&&%nity Legal "ssistance Society we$site at
http:GGwww2,povnet,orgGp%$licationsQclas,

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Proving Your Case in

the S%pre&e !o%rt R%les0

provincial stat%tes *legislation+0 and

it is in the interest o) proced%ral )airness to e7cl%de it *)or

in a notice to ad&it *see S%pre&e !o%rt R%le 5= and 1or&

in an agreed state&ent o) )acts,

Evidence that the witness will $e giving in co%rt

Doc%&ents that yo% will $e showing the witness in co%rt

(ypes o) >%estions yo% will $e asking in yo%r direct

(ypes o) >%estions the other party will $e asking in cross-

the witness created or reviewed the doc%&ent aro%nd the ti&e

in open co%rt0 and

orally *%nless the parties agree otherwise+,

What happened when yo% reached the intersection8

Where were yo% looking8

Why did yo% go there8

the in)or&ation is introd%ctory *)or e7a&ple0 the ti&e0 date0

people or things are $eing identi)ied *)or e7a&ple0 na&e and

the &atter is not disp%ted *)or e7a&ple0 ownership o) the car+H

the co%rt gives per&ission to ask a leading >%estion *)or

What day was it8

What ti&e was it8

What was the weather like8

Was it light or dark o%tside8

Where were yo% going8

Were yo% in a h%rry8

What was yo%r ro%te8

to get testi&ony )ro& the other party4s witness that s%pports

to discredit the witness *&ake the witness4s evidence look less

Showing that the witness has contradicted hi&sel) or hersel)

!hallenging the witness4s &e&ory on certain points

!hallenging the witness4s version o) events

Verbal statements, So&e ver$al state&ents &ade $y others

Documents. (he general r%le is that state&ents o) )act

it helps the B%dge &ake a decision0

the e7pert is properly >%ali)ied0 and

there is no other reason to e7cl%de the evidence,

his or her pro)essional >%ali)ications *why he or she is

his or her opinion0

the )acts considered in reaching this opinion0 and

tests or e7peri&ents per)or&ed,

#art 3 incl%des doc%&ents that yo% have and do not o$Bect

#art 33 incl%des doc%&ents that were in yo%r possession or

#art 333 incl%des JprivilegedK doc%&ents *see $elow+, Do%

co&&%nications $etween yo%rsel) and yo%r lawyer *)or

$rie)s *)or e7a&ple0 a research &e&o+ that yo%r lawyer wrote

i) yo% are representing yo%rsel)0 doc%&ents that yo% have

e7perts4 reports that have not $een delivered %nder S%pre&e

to prove that it is a%thentic *real+0 or

to prove its contents,

the doc%&ent was kept or &ade in the %s%al co%rse o)

it was in the %s%al co%rse o) $%siness to record the state&ent

is %na$le to co&e to co%rt to testi)y $eca%se o) illness0 age0 or

cannot $e )orced to attend $y s%$poena,

si&pli)ying the iss%es0

whether the pleadings need to $e a&ended *revised+0

i) )acts can $e ad&itted to strea&line the trial0

i) the parties can agree on the a&o%nt o) da&ages0

the trial date0 and

anything that will help resolve the case,

li>%idated da&ages *the a&o%nt yo% are clai&ing can $e easily

%nli>%idated da&ages *the a&o%nt yo% are clai&ing has to $e decided

the ret%rn o) personal property wrong)%lly held $y the de)endant,