Evidence: Documents
A key to success at trial is preparation. You don’t want to find yourself at trial not knowing what to say or what to do. Being well prepared not only helps you deliver your points in a positive way it also keeps you calm. It’s important to stay calm during trial so you can deal with high emotions, questions from the judge, and other stresses that arise.
At trial, you will likely introduce two types of evidence, documental and oral.
You will need to:
- Prepare your documents, and
- Prepare your witnesses
Resources
Family Law in BC website has great resources on Representing Yourself in Supreme Court and Prepare for Trial in Provincial Court .
Trial Binder
A trial binder is a binder you take to trial that contains all your important documents, including the evidence you will show at court and your notes. A trial binder usually consists of several sections. Here is what your trial binder order might look like:
- Court Documents - This includes all the filed notices, replies, applications, or orders.
- Opening Statements – Your prepared draft.
- Your Evidence – If you will be giving evidence such as your own affidavits or if you are testifying List the points you want to cover and the documents you will be talking about and presenting to the case.
- Witness: Summarizing all your witnesses, the questions you will be asking and the documents you are presenting to them.
- Closing Statements – Your prepared draft.
You will need some materials to create your trial binder. You will need:
- A three-ring binder
- Section dividers
- Clear sleeves or an envelope (for copies of your documents)
Create a tab for each of the sections. For court documents place them in chronological order so you can sort through them easily. The witness tab is subdivided into the name of each witness you and the other side will call. Place the questions you have prepared and the documents they will be talking about under each name. Remember to make 3 copies of each document that you will be presenting. Finally, be sure to include lots of blank paper for you to take notes on during the trial.
How to Give Your Documents to the Court During the Trial
You should bring to your hearing or trial 3 copies of each document you plan to present to the court along with the original. To present a document in court and enter it as evidence you usually need someone, a witness or a party (this could be you), to introduce it to the court. They will need to swear that it is the authentic document and may need to explain the content of the document. For example a doctor may need to discuss the medical report you are presenting to the court.
If you are presenting a document
- Take each original document and hand it to the court clerk as you tell the judge about it. The clerk will give the document to the judge.
- Give the other party one of the copies of the document.
- You may need to stand in the witness box and swear or affirm the truth of your statements about the document.
- Alternatively you may present the document to the court if it is an exhibit to your sworn affidavit.
- After identifying the document and letting the court know it is the original copy, it will be marked as an exhibit.
Lawyer’s Tips
Make sure to note on your copy of the document what number exhibit it is marked as so you can refer to it later on.
If you are presenting a document to a witness
- Make sure the other side has a copy of the document
- Give the document to the clerk.
- Ask the clerk to mark it for identification and give it to the judge at the beginning of the testimony of the witness who will identify it.
- Once it has been identified, ask the clerk to mark it as an exhibit.
