How Do I Win My Supreme Court Family Trial? - Zukerman Law

Tips to Help You Win Your Supreme Court Family Trial

Facing a family law dispute is never easy, and when it escalates to a Supreme Court trial, the stress can feel overwhelming. The complexities of the court system and the high stakes involved can leave you feeling lost and unsure. But with the right preparation and legal representation, you can significantly increase your chances of a successful outcome.
Here at Zukerman Law Group, we understand the intricacies of Supreme Court family law. Our team of experienced attorneys has a proven track record of guiding clients through even the most challenging cases. We’ll walk beside you every step of the way, offering the legal expertise and unwavering support you need to navigate this difficult time.

Tips to Win Supreme Court Family Trial

Tips to Win Supreme Court Family Trial

There are a few things you may do to increase your chances of winning a family law trial in the BC Supreme Court. It pays to know how to approach this to guarantee that the best result is obtained.
We will explain the logical steps you should take to handle a family court trial. You’ll be well-positioned to succeed if you keep these guidelines in mind.

1- Serve the Filed Trial Brief to the Other Party

A copy of your filed trial brief must be served to the other party if you are the plaintiff. This document provides an overview of your case and any relevant supporting data. Before the first day of the trial, the trial brief needs to be filed and served to the other party. At least two weeks prior to the trial, it must be filed.
A Trial Management Conference is a meeting between a plaintiff, their ex-partner, or lawyers and a Supreme Court Judge to determine if the case is ready for trial and if any procedural orders are needed. To book a trial management conference, visit the BC Courts website and select “Trial Management Conference Dates,” which are regularly updated and available for the court.

2- Take the other Party’s Deposition

A significant pre-trial procedure in family law cases is the deposition. This offers a crucial opportunity to question the other party under oath and to have their answers recorded by a court reporter.
During a deposition, a court reporter is present to record verbatim all questions posed by your attorney and the corresponding answers provided by the other party. This transcribed record, known as the deposition transcript, becomes a vital piece of evidence in your case.
The deposition serves several key purposes:

  • Discovery: Depositions allow you to explore the other party’s knowledge and perspective on the issues at hand. This can help uncover relevant details, identify potential weaknesses in their case, and solidify your own arguments.
  • Preserving Testimony: Depositions offer a way to secure the other party’s testimony on the record. This is particularly important if there’s a concern about a witness’s availability for trial or the possibility of their testimony changing over time.
  • Trial Strategy: Deposition transcripts can be used strategically during the trial. Key excerpts highlighting inconsistencies, admissions, or damaging statements by the other party can be introduced as evidence to strengthen your case.

Depositions are typically conducted in a conference room at an attorney’s office. However, depending on specific circumstances or witness location, depositions may also be carried out via video conferencing or even telephone, with the court reporter still recording the proceedings remotely.

3- Subpoena Witnesses

Within the complexities of family law disputes, securing relevant and credible witness testimony is crucial for presenting a compelling case. A subpoena emerges as a powerful tool to ensure the presence and participation of essential witnesses during a Supreme Court trial.
In essence, a subpoena is a formal court order, issued at the request of a party in the case. This legal document compels a designated individual to appear in court at a specific date and time to provide testimony.
The subpoena not only mandates the witness’s physical presence but also obligates them to answer questions truthfully under oath. This sworn testimony becomes part of the official court record and can be used as evidence during the trial. Subpoenas are typically served on witnesses by a sheriff or a process server.

4- Get Prepared for Cross-Examination

Family law cases often involve emotional testimony, making cross-examination a critical yet potentially stressful stage of the trial. During cross-examination, the opposing attorney gets the opportunity to directly question you, aiming to discredit your testimony or expose inconsistencies in your story. However, by preparing effectively, you can navigate this challenge with confidence and maintain a strong presence in court.
To prepare, collaborate with your lawyer to identify potential areas the opposing attorney might target, such as weaknesses in your case, inconsistencies in statements, or details that could be interpreted differently.
Practice makes perfect by engaging in mock cross-examination sessions, allowing you to refine your answers and develop a sense of composure under pressure. Focus on facts, not emotions, as cross-examination can be emotionally charged, especially in family law cases.
Listen carefully and answer concisely and avoid rambling or providing unnecessary details. Be prepared for “yes” or “no” situations, taking a moment to fully understand the question before responding.
If unsure or the question requires clarification, politely state that the question needs rephrased before answering. Know when to say “I don’t know” or “I don’t recall” to avoid fabricating an answer.

5- File any and all Paperwork on Time

It’s critical to file all documents on time. The court may dismiss your case if your paperwork is not filed on time. It is advisable to speak with your lawyer if you are unclear about the deadlines or if you want to make sure you follow all the proper procedures and file everything on time.

6- Bring Document and Authorities Books

When appearing in court, you should have a copy of the “Document and Authorities” book. Every piece of evidence you intend to use in court should be included in this book. These supporting materials for your case could be papers, pictures, and other kinds of evidence. For the judge to identify the evidence you are providing with ease, the book should be well-structured and easy to read.

Conclusion

Family law cases are undoubtedly complex and emotionally charged. If you’re facing a family law dispute and considering a Supreme Court trial, consulting with an experienced family law attorney is the first essential step. Zukerman Law Group understands the intricacies of Supreme Court family trials and the emotional toll they can take.
Our team of dedicated family law attorneys will work tirelessly to protect your rights, ensure your voice is heard, and advocate for the best possible outcome for you and your family. Contact Zukerman Law Group today for a confidential consultation and let us help you navigate this challenging time.

FAQs

1- What is the BC trial brief?

The trial brief lists the witnesses who will testify at trial, the time provided for their testimony, the expert reports and other documents that will be introduced into evidence, and a summary of the parties’ views on the unresolved issues.

2- What is the best way to win a case?

Always meet your deadlines;
Choose the right kind of trial for your case;
Learn all of the elements of your case before moving forward;
Ensure all your evidence is admissible;
Prepare your trial notebook.

author

Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.