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Friday, May 14, 2010

What is "questioning"?


In Ontario family law, the term refers to giving and receiving evidence under oath. Simply put, it's a process during which a witness (often a party to a family law court case) is asked questions by the opposing party's lawyer. The answers are given under oath (they become sworn evidence) and a transcript is taken of both the questions and the answers. That transcript can then be filed with the Court and becomes further evidence in the court case.

This single term now covers under one label two steps in a court case which previously had separate names, even in family law, and that is: cross-examination (usually conducted in the context of a motion) and examination for discovery (usually held in anticipation of trial).
Questioning is a very important step in a family law case and you should discuss it with your lawyer. It requires forethought, strategizing and careful preparation, both if your lawyer is questioning the other side and if you are being questioned.
The vibrant colours of Ontario's spring...


Photo by AJJ



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