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Get your witnesses

Submitted by Anonymous (not verified) on

<p>If you plan to call witnesses, you need to make sure they will come to court when you need them. If they are family members or friends, you may be able to rely on them to show up. For other witnesses, you may want to issue a summons to them to come to court. A summons is a legal document that orders a person to come to court to give evidence, and to bring documents or other things to the hearing if needed.</p>
<p>To issue a summons you fill out <a href="http://www.ontariocourtforms.on.ca/forms/family/23/FLR_23_Sept105_ODA.pdf" target="_blank">Form 23: Summons to Witness</a> and serve it on your witness. In it, you tell them the date and time you need them to come to court and the documents you want them to bring.</p>
<p>You must pay the witness $50 for each day they are needed in court and give them travel money. If they don’t live in the city where the trial is being held, you also have to give them an allowance for meals and accommodation. These fees and expenses are listed in <a href="http://www.ontario.ca/laws/regulation/990114" target="_blank">Rule 23: Evidence and Trial</a>.</p>
<p>You should only call witnesses at your trial who:</p>
<ul>
<li>
have important information that will help the judge decide your case</li>
<li>
can give evidence that support the orders you want the judge to make </li>
<li>
have important information that goes against your partner’s case</li>
</ul>
<p>Remember, a witness can only give evidence about what they know, <strong>not</strong> what other people have told them.</p>
<p>If your witness is an expert in a particular area that is an issue in your case and they have written a report, you need to give that report to your partner at least <strong>90 days</strong> before the trial.</p>
<p>You need to prepare the questions you want to ask your witnesses and your partner’s witnesses. If you plan to give evidence as a witness, you should prepare what you will testify, and get ready to be cross-examined by your partner.</p>

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