How do I prepare for my first appearance hearing, or any other court hearing?
Your first appearance may be the first and last time you appear in court, or it may be the beginning of a longer process - the judge will decide what needs to happen next based on the particular circumstances of your case.
Whether you have a lawyer or not, it may be helpful to do some work in advance of your court hearing. To prepare for your first appearance or any other court hearings that may follow:
- Re-read all the documents you or your spouse filed at the court registry as part of your application to the Provincial Court.
- To help organize your thoughts, write down:
- why you are going to court
- a list of the issues you hope to settle (child support and access, for example)
- your position on each issue, and
- what you want the judge to order.
- Prepare a detailed outline of what you think the judge needs to know to come to a good and fair decision. (This is just for you. You will not be able to give your notes to the judge or read them out in court as part of your evidence. However, if you forget what you want to say, you may ask the judge if you can refer to your notes.)
- Collect any other documents you think you may need in court. For example, if you are going to court about child support and you have changed jobs since you filed your financial statement, you should bring pay stubs from your new job to show how much you are now earning. If you are going to court to gain custody or access, you should bring any relevant documents, such as a Parenting After Separation certificate. Make three copies of all documents you want the judge to see: one for you, one for your spouse, and one for the judge.
- Make child-care arrangements for young children, so you know they will be well cared for while you are in court. Court can be a difficult process for children, and you want your court appearance to go smoothly, without interruptions.
On the day of your appearance:
- Make sure you have all the documents you need in one neat folder or envelope (this includes all the documents you and your spouse filed with the court registry and anything else you think you might need).
- Dress neatly.
- Bring a paper and pen, so you can jot down notes or questions as they occur to you.
- Arrive early - at least 15 minutes before your court appearance is scheduled to start.
- Find out which courtroom your case will be heard in, then wait outside the door. (To find your courtroom, check the daily court list posted in the lobby of the court house, at the information desk - if there is one - or at the court registry office.)
- Turn off your cell phone or beeper, take off your hat (if you are wearing one), put out your cigarette, and throw away any chewing gum before you enter the courtroom.
Important!
- If you are not comfortable speaking in English, or you communicate only in sign language, ask court staff to arrange for an interpreter well in advance of your court date.
- While no witnesses will be called for a first appearance Hearing, if the judge decides your case should go to a court trial, you may want to call witnesses to speak on your behalf. If you are calling witnesses, make sure you notify them of the court date, or ask court staff about how to arrange for a subpoena if necessary - again, well in advance of your court date.
