Going to Court

You can find information about the family law court forms on this section of the website.

You have the right to present your case in either English or French. The Official Languages Act says that you have the right to use the official language of your choice in any matter before the courts.  The Act says that you should not be disadvantaged because of the choice you make.

It takes a lot of time and effort to prepare your case for a court hearing. Normally, you will give evidence by presenting written documents and by asking and answering questions.  It is important to prepare carefully. Judges can only make a decision based on the evidence you submit to the court.

Here are some tips on how to get ready for your day in court:

  • Make a list of the main points and issues in your case
  • Prepare a detailed outline of what you think the judge needs to know and the facts that back it up.
  • Decide how you intend to present those facts to the court.
  • Bring a pen and paper with you to take notes during the hearing.
  • If you plan on being the only witness, be ready to tell the judge the facts. Be ready to answer the questions the other party or their lawyer ask you.
  • Decide if you will call other witnesses.
  • Decide whether to provide documents or evidence for the judge.
  • If you do call witnesses, talk to them and prepare them beforehand. You should know what you will ask them in court. You cannot tell a witness what to say, but before you ask a question in court you should know what the witness will answer. Otherwise, you may get an answer that does not help you.
  • Choose witnesses who have first-hand knowledge of the facts that you want to present to the judge. Second-hand evidence is called hearsay, and it is not allowed. For example, if you are bringing a letter from someone to use as evidence, you may have to bring the person who wrote the letter to court as a witness.
  • Only an expert witness can give opinions or beliefs. Generally, the judge is only interested in the facts.
  • It is up to you to make sure your witnesses know when to come to court.  If you think they may not show up, you will have to arrange for a Summons to Witness (Form 55A). You must request a signed copy of this form from the court administrator, and serve it on the witness before the hearing.  You will also have to pay a fee to have the witness appear.
  • Decide the order you will call your witnesses in.
  • Prepare questions to ask the other party and their witnesses.
  • While planning what to say, try to anticipate and be prepared to answer issues you think the other party will bring up in court.
  • Stick to the facts you prepared to present your case to the court.
  • Preparation is the key to success when you represent yourself in Court.

The day of the hearing or trial is your chance to present your case.  The judge will be sitting at the front of the courtroom facing the rest of the room, usually on a raised platform or “bench”.

A sheriff and a court stenographer also sit at the front.  The stenographer records the proceeding.

The parties that present their cases to the judge sit at tables facing the judge.  This is normally where the lawyers for both parties sit. If you represent yourself, this is where you will sit or stand, facing the judge. If you are not sure where to sit, check with the sheriff.

Behind the tables is the gallery where the public sits. If you bring people with you for moral support, they will sit there.

When the court official calls your name, you should stand up.  The judge will ask you if a lawyer is representing you.  After confirming that you are acting on your own behalf, the judge will ask you to take the witness stand.  Before giving evidence, or testifying, witnesses must take an oath or affirmation to tell the truth.

If you started the court action, you will be called the applicant or petitioner, depending on the type of case.  If you are answering the action, you are called the respondent. Either party may be represented by a lawyer. If so, the lawyer does most of the talking to the judge, and they question and cross-examine witnesses. If you are not represented by a lawyer, you mut do all this yourself.

The applicant or petitioner goes first.  If this is you, you will present your case by giving evidence and calling witnesses.  When you are finished questioning your witnesses, the respondent can cross-examine them.

Then, the respondent can present their case. If this is you, it is your turn to give your evidence and questioning your own witnesses. Afterwards, the applicant can cross-examine your witnesses.

Once both parties have finished giving evidence and cross-examining witnesses, you each will summarize your cases by making a closing statement to the judge.

  • Reread all the documents that you or the other party filed with the court before you go.  Bring a copy with you.  The judge and the other party (or their lawyer) will have copies.
  • Wear clean, appropriate clothes. There is no dress code at court, but you should avoid jeans, sweatpants, t-shirts with inappropriate logos, and open toed shoes. Aim for “business casual.”
  • Be early.  Arrive at least 15 minutes before court starts.
  • Ask where to sit.  When you arrive at the Court, ask a Sheriff’s officer which Court room you will be in.  They can direct you to the proper table to sit at in the room.
  • Stand up when the judge enters the court room.  Remain standing until the judge sits down.  Stand when you speak.
  • Speak clearly and loud enough for the judge to hear you.
  • Be respectful to the judge.  When the judge speaks to you, always address the judge as “Mr. Justice” or “Madam Justice”.
  • Do not interrupt the judge or anyone else when they are speaking. Do not sigh loudly or shrug your shoulders in disbelief.  If you disagree with someone, make a note. You can bring it up when it is your turn to speak.

At the end of the hearing, the judge may make a decision.  However, sometimes judges want time to think about the case.  When that happens, they will make a written decision after the hearing is over.  The court administrator’s office will send you a copy of the court order when the judge has made the decision.