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	Posted 03 February, 2010, 05:21 PM #30570
List of Exhibits
srldad101 Silver Member	Can someone please tell me when, in the Family Court, the parties proposed list of exhibits to be tendered are submitted. Is it correct to assume these lists are handed up before the trial starts?


	Posted 03 February, 2010, 06:30 PM #30574
verdad Percolo Alio	Each exhibit, piece of evidence has to an extent to conform to admissability provisions. That opens up the admissability provisions of Evidence Act. During proceedings a list of exhibits is manifest and accumulates each piece of evidence which is tendered and survives admissability. This list is available during proceedings for your viewing. Court officials have been seen photocopying these lists. These lists are important in manifesting a submission. In my own matter there have been two documents that appear to be exhibits before a trial commences. Since the court has not entertained arguments as to their admissability it appears reasonable to agitate their admissability. The court requests which documents a party wants read. These are filed prior to the first hearing day in accordance with directions. The include Evidence in Chief Affidavits and reports and other poignant documents. Attaching evidence to affidavits is possibly the most direct route to getting material into evidence. This material is still open to being tested. Otherwise the tendering of documents after both sides have read them and failed to have objections upheld is tedious. In these instances these documents are read in isolation and as such are more prone to be objected to.If they have not already the court will call for specific documents before a hearing commences. These include Case Outlines. If there are documents you want from the other side one sends them a Notice to Produce. On the first hearing day a "call" for those documents is made. The initial consideration of the contents of affidavits happens first. The importance of identifying what has been struck from affidavits, then reinstituting that material through cross-examination is important. The value of attending court to observe it's processes is warranted. What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha


	Posted 03 February, 2010, 10:36 PM #30578
srldad101 Silver Member	Thanks Verdad you are the manifest champ. To further clarify The list of exhibits that accumulates as each piece of tendered evidence is admitted would be the judge’s list. The affidavits & expert reports were filed months before trial in accordance with directions. These are listed in the materials relied on in the summary of argument. The lists of exhibits containing additional pieces of evidence that a party might want read were handwritten by their respective barristers. This seems to have occurred on or about the trial day since the opposition included a letter I wrote only days before trial. These lists reached the court file at some stage. I would like to know when. The point of my questioning might be of interest to your 12A goal post. The ICL did not list the McIntosh report in the Summary of Argument. It surprisingly appeared in the handwritten list at trial. The actual tendering of McIntosh was so ad hoc that ICL counsel claimed legal aid could not afford to provide more than one copy of the 500+ support pages. The family reporter, her own witness, was expected to rebut this truck without notice. The ICL later admitted in writing the trial judge had asked ICL counsel to source McIntosh. The appeal court would not admit this letter. They returned my tendered transcript of the first day unread. The non presiding judge reasons it was logical to conclude the judge’s request occurred during trial since McIntosh was on the list of exhibits.?? My argument bifurcated into if the handwritten ICL list with McIntosh was tendered before trial then the judge’s request could not have been in court or in the alternate if the request was made in court then in a traditional trial it must be a denial of procedural fairness for the judge to instruct one party to tender evidence to defeat the other. Justice must be seen to be done. The presiding judge hums & hawed and reserved reasons. They would neither admit the trial was not LAT nor allow the trial notice. They subsequently found nothing improper or inappropriate in this process. I have my reservations whether the 12A revisions are in fact good or even legitimate. The safeguards evolved over centuries to protect the innocent have been stripped away. Anything goes in a bloody free for all fight. Cannot ask for costs and share parenting. The Family Court judiciary has been given enormous power that is practically unappealable. It is cheaper and quicker to start a new application. It is little surprise they try to legislate themselves. Pity the poor and the about to be poorer. I relate the details of this closed case so that some might know how this caselaw for McIntosh came about.


	Posted 03 February, 2010, 11:02 PM #30579
verdad Percolo Alio	The list of exhibits that accumulates as each piece of tendered evidence is admitted would be the judge's list. Yes, thelist which sits normally on the table with the tendered documents, on the table in front of judge's bench. srldad101 said The affidavits & expert reports were filed months before trial in accordance with directions. These are listed in the materials relied on in the summary of argument. These are not exhibits as I understand them. They are not tendered documents. They are admitted evidence as against tendered evidence. I stand to be corrected on this. I observe a distinct treatment for these classes of documents. srldad101 said The lists of exhibits containing additional pieces of evidence that a party might want read were handwritten by their respective barristers. This seems to have occurred on or about the trial day since the opposition included a letter I wrote only days before trial. These lists reached the court file at some stage. I would like to know when. This reads as being unprofessional. Where you not there? Did you not observe who did what? These lists can be handed up in a handwritten form. Some judges refuse to accept them in that handwritten form. Rose J for instance. srldad101 said The family reporter, her own witness, was expected to rebut this truck without notice. Its hard to imagine that a report writer is not conversant with this author. If the Full Court reserved their determination in respect of an issue one imagines that at some time they will reveal all. As I understand it there are some well developed arguments in respect of McIntosh's document. One imagines that rebutting her positions is more relevant than the technicalities in respect of its admission. There is a need to stand before the wind regardless from where it comes. Are you awaiting an outcome from an appeal? What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha

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