Family Justice


The Best Option for You

If You Go to Supreme Court

What is a mini-trial?

At any time during your family law proceeding, you or the Defendant may apply for - or a judge or master may order - a mini-trial. (Please talk to court staff about how to request a mini-trial.)

A mini-trial is a private meeting between you and the Defendant (and your lawyers, if you have them) and a judge or master where you both will present, briefly and without witnesses, the facts of your case. Then, to help you come to the best possible decisions now, the judge or master will give you his or her opinion about what would most likely happen if your case were to go to full trial.

If you and the Defendant succeed in reaching an agreement as a result of your mini-trial, you have three choices: you can prepare and file with the court a written separation agreement (however, if you are asking for a divorce, you will still need a court order for divorce); you can apply to the court for a desk order; or you can apply to the court for a final order. (Please see What if we agree on the issues or decide to settle before our court date? for more on your options.)

If you and the Defendant do not reach an agreement, and you decide to go on to trial, a different judge will hear your case, unless you and the Defendant agree that you want the same judge.