Trial Preparation Checklist: Difference between revisions
(9 intermediate revisions by the same user not shown) | |||
Line 3: | Line 3: | ||
==Trial Preparation Checklist== | ==Trial Preparation Checklist== | ||
{{seealso|Precedents, Court Forms and Checklists}} | {{seealso|Precedents, Court Forms and Checklists}} | ||
===Witness Preparation=== | ===Witness Preparation=== | ||
Line 23: | Line 21: | ||
; Interviewing | ; Interviewing | ||
* {{Box}} give copies of statements to witnesses so that they can review in a reasonable amount of time | * {{Box}} give/show copies of statements to witnesses so that they can review in a reasonable amount of time | ||
* {{Box}} where practical, have an observer present at meetings to ensure no dispute on what was discussed | * {{Box}} where practical, have an observer present at meetings to ensure no dispute on what was discussed | ||
* {{Box}} new information from witness may require the taking of a new statement from that witness | * {{Box}} new information from witness may require the taking of a new statement from that witness | ||
Line 29: | Line 27: | ||
http://canada.justice.gc.ca/eng/rp-pr/cj-jp/ccr-rc/pmj-pej/pmj-pej.pdf </ref> | http://canada.justice.gc.ca/eng/rp-pr/cj-jp/ccr-rc/pmj-pej/pmj-pej.pdf </ref> | ||
; Expert Witnesses | |||
* {{Box}} meet with expert at least once to review opinions / familiarize counsel with technical issues | * {{Box}} meet with expert at least once to review opinions / familiarize counsel with technical issues | ||
* {{Box}} verify with expert the field of expertise being sought for qualification | * {{Box}} verify with expert the field of expertise being sought for qualification | ||
; Police Witnesses | |||
* {{Box}} Confirm officer has access to their reports and notes. Ensure that they review and bring all their materials with them. | |||
; Special Witnesses | |||
* {{Box}} if child or other vulnerable witness, arrange for multiple meetings in the months before to gain comfort with the child and rapport. | * {{Box}} if child or other vulnerable witness, arrange for multiple meetings in the months before to gain comfort with the child and rapport. | ||
* {{Box}} book interpreter for meetings and court (if court is arranging, be sure they have done so) | * {{Box}} book interpreter for meetings and court (if court is arranging, be sure they have done so) | ||
Line 52: | Line 53: | ||
* {{Box}} Warn of risks of putting his character in issue | * {{Box}} Warn of risks of putting his character in issue | ||
; | ; Preparations for Cross-examination | ||
* | * | ||
|} | |||
===Pre-Trial Applications (Non-Charter)=== | |||
{|class="wikitable" | |||
|- | |||
| | |||
* {{Box}} Application for Publication Bans | |||
* {{Box}} Application to prohibit self-represented from Cross-examining alleged victim (Crown or Witness only) | |||
* {{Box}} Application for Rowbotham counsel (self-represented only) | |||
* {{Box}} Application for Audio/Video-link testimony | |||
|} | |} | ||
Line 99: | Line 111: | ||
|} | |} | ||
===Crown Request for Concessions=== | |||
{{seealso|Precedent - Crown Letter re Admissions}} | |||
===Exhibits=== | ===Exhibits=== | ||
Line 171: | Line 186: | ||
|} | |} | ||
==Preliminary Inquiry== | |||
{|class="wikitable" | |||
|- | |||
| | |||
; Types of Witnesses Needed (Crown only) | |||
* {{box}} Necessary witnesses to prove elements of the offence on ''Sheppard'' standard | |||
* {{box}} Necessary witnesses to prove the continuity of exhibits | |||
* {{box}} Necessary witnesses to prove voluntariness of any inculpatory statements beyond a reasonable doubt | |||
|} | |||
==Specific Offences== | |||
===Sexual Offences=== | |||
* complainant's notified of privacy interest in records | |||
* complainant's notified of right to counsel | |||
* obtain waiver of privacy from complainant | |||
===Conveyance Offences=== | |||
* certificate of analysis | |||
==See also== | ==See also== |
Latest revision as of 14:05, 30 July 2021
Trial Preparation Checklist
Witness Preparation
|
Preparing Client (Defence Only)
|
Pre-Trial Applications (Non-Charter)
|
Notices
Legally required notices are in bold
|
|
Crown Request for Concessions
Exhibits
|
|
Trial Counsel's Materials
|
|
At Court Preparation
Witnesses
|
Preliminary Inquiry
|
Specific Offences
Sexual Offences
- complainant's notified of privacy interest in records
- complainant's notified of right to counsel
- obtain waiver of privacy from complainant
Conveyance Offences
- certificate of analysis
See also
- Baum, Art of Advocacy: Preparation
- Manes & Edwards, Organized Advocacy, 2d ed. (Toronto:Carswell, 1988) Form 12-2
- F. Lee Bailey, Fundamentals of Criminal Advocacy (Rochester: The Lawyers Co-op, 1974)
- F. Lee Bailey, Investigation and Preparation of Criminal Cases (Rochester: The Lawyers Co-op, 1985)
- Justice Saunders, Reflections on the Art ... and Science of Decision-Making [1]
- Theory of the case