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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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As the Respondent in an Estate Law case, is it possible to

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As the Respondent in an Estate Law case, is it possible to bypass writing an Affidavit i.e. can I speak to the Judge directly? I have already presented two Affidavits (in previous hearings) and the Applicant has filed reams and reams of paperwork to date ... so I just feel I would be better presenting my case directly rather than more on paper. Would the Court allow this in a hearing? And if so, what steps would I need to take prior to the hearing date?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

Unfortunately, no, that is not possible. You can present argument orally, but any evidence must be presented to the court under oath, in an affidavit. You can apply to have evidence heard by way of testimony, called viva voce evidence, but that is rarely allowed and only if you can prove that there is some special circumstances that require it.
Customer: replied 1 year ago.

You say "You can present arguments orally ... " Well how do you correctly go about doing this? Do you say, "Excuse me your honour, may I clarify?" or do you just stand up and start talking (the way the Applicant has on several occasions.) What is the protocol for speaking in a hearing?

Expert:  Law.Hut replied 1 year ago.
The applicant will be allowed to speak first, then the respondent, and then the applicant is allowed the final comments. At least that is typically how the rules of court require a hearing. But it is up to a judge ultimately, and this strict procedure is often not followed. The rules are often more relaxed for self represented parties without a lawyer. If you are asking politely and not interrupting, you will find that most judges will have little problem if you want to make some arguments outside of this strict procedure. But almost no judge will allow a party to present evidence during oral argument, as that is not sworn testimony.
Customer: replied 1 year ago.


I see. This is good to know. In a previous case in which my brother accused me of stealing "his" car, I tried to tell the Judge that the car was registered in my mother's name. I also tried to show the Judge the registration in my mom's name but he wouldn't allow it. I now understand why. Thank you.


 


In your expertise, do you have any suggestions on how I may go about "asking politely" for the opportunity to speak. I am rather shy and it is hard for me to know when it is appropriate to get up.


 


Thanks.


 


P.S. Both the applicant and myself are self-represented.

Expert:  Law.Hut replied 1 year ago.
The example you gave is fine. Stand up, wait for the judge to acknowledge you, and you can ask "excuse me, can I make a comment?". If it is not an appropriate time the judge will explain that, but you just have to force yourself to be a bit assertive and make sure you get a chance to make your points. Most judges try to be very careful with self r resented litigants to give each side full opportunity to be heard, as otherwise any decision could be subject to a successful appeal. But if you think the judge is concluding matters and you have more to say, just stand up, politely indicate you have some further points, and ask if you can speak on those points. Court is obviously a formal proceeding, but there is no set or mandatory language that is required.
Customer: replied 1 year ago.


Ok got it ... stand up, wait to be acknowledged, then "Your Honour, I would like to make a comment." ... that's what I'm gonna say.


I agree Court is very formal; but I was just wondering if you had any suggestions I could use in speaking to the Judge.

Expert:  Law.Hut replied 1 year ago.
Not really. If you are nervous, write out what you might like to say and read it.

My point is that as long as you are polite, you can still be assertive and forceful no then the exact words or language that you use is not going to matter- just make your points, and do not get caught up in the formal wording.
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Category: Canada Law
Satisfied Customers: 7210
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