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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100506
Experience:  Lawyer
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Wondering how to use email and phone messages as evidence in

Customer Question

Wondering how to use email and phone messages as evidence in bc family court.
Does an affidavit need to be filed to use evidence prior to the family court hearing or am I able to just bring my evidence to the hearing and give to the judge during the hearing to support my facts?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Is this a trial or a motion?
Customer: replied 2 years ago.
It's the first hearing for an application to obtain an order
Expert:  Debra replied 2 years ago.
If there is no live testimony then you can put the evidence is as exhibits to your Affidavit. It there is going to be live testimony then you have to provide transcripts of the phone messages and copies of the email to the other party ahead of the hearing and then you would put them in as exhibits when you are testifying.
Customer: replied 2 years ago.
Ok so to clarify, if we will both be at the hearing stating our story orally I do not need to do an affidavit to be able to use the messages as evidence. I am able to just provide them to the judge at the hearing. And my other party just needs to be provided (prior to the hearing) with what evidence I will be giving the judge. As part of my question asking how to use the evidence it would include how I provide this evidence to the other party, as in can I just email them what I will be using to the email address they have on file for service of documents?
Expert:  Debra replied 2 years ago.
Yes. What you would do would be to email them with a list of the documents you are planning to use at the hearing, and either send them copies of the documents, or else, if there are too many to send, tell them to make arrangements with you for a time when they can come by and review the documents. If you are providing sworn testimony at the hearing you do not need an affidavit. But if you are only making arguments at the hearing then you need an affidavit because you need some way to put in the evidence. In other words, you do not use an affidavit at a trial because there you provide sworn testimony and the other side has an opportunity to cross examine you.

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