FAMILY DIVISION
Court Procedures
There are special rules of procedure for family
law matters heard in the Supreme Court of Newfoundland and Labrador (General or
Family Division). These procedural rules can be accessed online. View the
Family Law Rules.
There are also some rules about behaviour in the
courtroom which may not be found in the written rules, but are followed
nonetheless. Such rules include: no gum chewing in court, no hats, no coffee or
other drinks can be brought into the courtroom, and no cell phones. If you do
have a cell phone, please make sure you turn it off before you enter the
courtroom.
It is a good idea to dress smartly for any court
proceedings. A tidy appearance is more likely to create a good and positive
impression. Stand when the Judge enters the courtroom. When entering or leaving
the courtroom while the court is in session bow or nod your head. Avoid talking
while the court is in session. When your turn comes to speak to the Judge, stand
up and speak clearly and loudly. Remain polite and courteous at all times.
Abusive language is unlikely to persuade the Judge of the value of your case.
To start a hearing, the Court Officer will call
the Court to order. The Applicant (person making the application) will normally
speak first. If witnesses are required for a hearing, they must be subpoenaed to
the hearing by the party who intends to use them as witnesses. A subpoena is a
court document which orders a witness to attend court at a certain date and
time. You can request a copy of a blank subpoena from the Court Registry. You
will need to ensure it is properly filled out and properly served (ie. formally
delivered according to the Rules of Court) on the required witness.
If the hearing involves witnesses, then the
Applicant’s witnesses are normally called first. The Applicant or his/her lawyer
will examine (ask questions) of a witness and then the Respondent (or his/her
lawyer) will have the opportunity to ask questions of that same witness. If
further questions arise for the Applicant as a result of the questioning by the
Respondent, the Applicant is normally allowed to ask a few extra questions if
necessary.
After the Applicant has called his/her witnesses
to the stand, the Respondent will also be able to call their own witnesses. The
Respondent or his/her lawyer will examine (ask questions) of a Respondent
witness and then the Applicant (or his/her lawyer) will have the opportunity to
ask questions of that same witness. If further questions arise for the
Respondent as a result of the questioning by the Applicant, the Respondent is
normally allowed to ask a few extra questions if necessary.
The Applicant and Respondent will usually also
testify as well as part of a hearing where witnesses are called.
Below are some common questions which arise when
people are testifying in Court:
I am afraid I will panic, or become emotional,
when I testify. How do I calm down?
The way you are feeling is entirely normal. You
may want to practice relaxation exercises before you testify (such as
concentrating on breathing deeply and slowly). You might want to consider
bringing a support person to court who will sit with you before you go into
court.
What if I just don’t say anything when I am
asked questions by the lawyers?
You cannot refuse to answer questions while you
are testifying. You could be held in contempt of court, which is very serious,
and you may be put in jail.
What if I start crying?
Don’t worry if you cry in court. People cry all
the time. In fact, most witness stands have a box of tissues close by. If you
need to take a moment to gather yourself together, ask the judge for a break.
I am afraid that I won’t understand the
lawyers and their questions. What should I do?
If you don’t understand a question, make sure you
tell the judge. The lawyer may be asked to re-phrase the question, or the judge
may explain it further. Don’t be embarrassed to say you don’t understand. Legal
language can sometimes be confusing to people who don’t work in the legal
system.
What happens if a lawyer says objection while
I am testifying?
If one of the lawyers says objection while you
are testifying, stop talking. The judge may want to hear from each of the
lawyers before the judge decides whether you can continue talking about what you
were talking about.
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