Family Law Trials Part III: Day Three

It is 7:30 am on the morning of the third day of trial.  Yes, I slept in today.  Worked late and couldn’t move when the alarm went off at 6:00.  But still had trial dreams. Yuck.

Yesterday was a good day.  The other side didn’t seem to score any points in cross of our client.  She was quite good. Answering only the questions asked, most of which ended up helping our case in chief.  Morning break we realized that Welland Court might still have its gallows (yes that is true) but it has no coffee shop – just vending machines.  Ugh.  Need coffee.

We made a few objections on some of the other side’s questions that were, we thought, irrelevant or outside of the bounds of the pleadings and we won some and lost some.  But we did win on an objection stating the other side had … wait for it…violated the Rule in Brown and Dunne (which I still don’t really understand but which sounds so good when contained in an objection!) For you non-lawyers, look it up. And if you understand it, please do call me.

We closed our case at lunchtime.  Went back to see our friendly neighbourhood waitress at the all day breakfast place across the street for lunch.

The other side opened his case in the afternoon.  Presented his theory of the case and the orders he is seeking.  Interesting to finally have his case so succinctly articulated – we have been getting it in dribs and drabs for the past year and a half and guessing at the case we would have to meet at trial.  The balance of the day was spent listening to the husband tell his story in chief.  Hearing a lot of information about not a great deal that is relevant.  But then, I may be biased.

Last night was work work work.  Research on caselaw.  Prepping the cross of the other side and of his expert with my co-counsel.  Finding a good chinese food place that delivers.  Feeling sick after eating said chinese food.  Using the awesome portable printer we would have been lost without.  Culling the correspondence and reams of disclosure to find nuggets for cross.  Thank goodness for computer searches or I would still be riffling through boxes and boxed of paper.  Hey – did I just thank technology? I must be tired.   All in all a busy and productive and hopefully valuable evening.  We will see the fruits of our labour today.  So here goes…