Evidence
According to a BC study of family law court cases, presenting evidence is the biggest problem that self-representing litigants face. Many self-reps struggle to get the outcome they want because they fail to present their evidence well.
There are two types of evidence:
- Documents : This can be any physical or electronic record that provides information. ( e.g. – contracts, receipts, emails, pictures, videos, etc.); and
- Oral evidence: This is testimony given in court (e.g. by a witness or a party)
The evidence should support your claim and allow the judge to make the conclusion that your order be granted.
Resources
Learn more about Evidence: Family Law in BC’s Evidence Guide .
Documents
Document evidence is not just paper documents. Document evidence could be a picture, video, sound recording, text message, email or something else. You will most likely need a range of document evidence to prove your case.
For example, if you’re dividing your family home, document evidence might include the purchase agreement and a professional property assessment report. To be successful in court, you need to have your document evidence to be organized.
Judge’s Tips
Judges can only consider evidence if it’s relevant to the issue in the trial. Don’t present irrelevant information. Don’t tell stories. Don’t try to present evidence about the other parent’s past faults unless it is logically connected to an issue the Judge must decide on.
Steps of dealing with document evidence
Judge’s Tips
With text messages or emails, it is important to provide the entire conversation, and not just one or two lines of text.
Include the entire conversation, but highlight the parts you want the Judge to consider.
Oral Evidence
There are two types of oral evidence:
1) Testimony of Parties
2) Testimony of a Witness
To testify means to provide oral statements in court that are sworn to be true.
Party testimony
Both you and the other party will be able to give evidence. You are not required to testify (give sworn evidence at court), but may do so if you wish. Often, it is helpful to testify because you have first-hand knowledge of the facts. If you testify, you will need to truthfully answer the questions asked by the other party as well as the judge.
Witnesses
You and the other party may bring witnesses to court to help prove your case. Witnesses will need to answer questions asked by both parties and the judge. When you call a witness to court you will get to ask questions first. A witness cannot lie when they answer. If they do, there may be serious penalties, such as a fine or jail time.
Who to call as a witness?
Expert Witness
In certain situations, you may want to call an expert to present evidence. Experts are people with broad and authoritative knowledge in a particular area. Experts are allowed to present opinions as evidence (something non-experts aren’t allowed to do). Experts help the court by providing specialized information, such as child psychologist.
If you want to present expert evidence in court, you must
- Get the expert to prepare a written report
- Deliver this report to the other side 84 days before the trial
- Have the court accept the witness as an expert
Lawyer’s Tips
You will need to pay the expert for their time, which could end up getting expensive. Consider how important this expert is.
Using witnesses before trial
Witnesses are usually called to give their evidence at trial. But you may need to provide this evidence to court before trial – such as at an interim application or in court documents. You can use witness evidence by getting written statements that they swear are true. This type of evidence is presented to the court in an Affidavits .
DIY
To help keep track of your evidence fill out the Evidence Inventory Worksheet
