Edmonton Court Procedures: Court of King’s Bench Family Law Procedures 2 | Family Law Alberta
Hi, thanks for joining us again. I’m Janan Jarrah from eLaw Alliance in Edmonton, and this is my associate Peter Poon, also from eLaw Alliance. We are lawyers here to give you some information regarding the area of family law. Before we go any further, this video is not intended to be legal advice. We are more than happy to provide you with tailored legal advice if you give us a call directly. In this video, we want to talk about what happens once you are in the court process in family courts, specifically focusing on Edmonton court procedures.
What to Expect on Your Court Date
Peter Poon: In a previous video, we talked about how to get your matter into court and what you need to file. But now, let’s say you’re in court—what happens from there? Once you’ve filed all the documents regarding, let’s say, child support and parenting, and you finally made it into a courtroom, what happens next?
On your court date, especially in the Court of King’s Bench, proceedings usually start at 10:00 a.m. They also have an afternoon session, which starts at 2:00 p.m. On that day, there will be a duty counsel available. Duty counsel is a free lawyer to assist you for that day only if you don’t have a lawyer. During Edmonton court procedures, what you can expect on that day is just for your matter to be heard. There will be several other matters, sometimes up to thirty or forty, to be heard in the same courtroom by one judge.
Options for Legal Representation
Janan Jarrah: So, once you’re in court and have talked to duty counsel, do you have any other options besides going through duty counsel in terms of getting legal representation?
Peter Poon: Yes, in the Court of King’s Bench, you can certainly get your own lawyer and have them represent you, or you can represent yourself. What I would suggest you do is review your materials beforehand so that you can very concisely and efficiently tell the judge what you’re here for and what you’re asking for. You have to keep in mind that with these first court dates, what we call chambers meetings, there is usually only 5 to 10 minutes for each matter for the justice to consider and listen to you.
This part of Edmonton court procedures acts as a triage, like in a hospital, where they figure out what you’re looking for, what you’re asking for, and where you should go appropriately.
Resolving Matters Beyond the First Court Date
Janan Jarrah: So let’s say you’ve made it into court, you’re standing before the judge, and you want to ask for child support and parenting. Are you going to be granted your application on that first date?
Peter Poon: Usually, no. It depends on the circumstances. If the justice hears that there is an emergency situation or a situation where the justice feels they need to grant an order just to ensure everyone is playing fair, they may grant an order. Usually, what happens on that first court date, the chambers date, is that the court tries to assess what you’re asking for and what the next steps should be. There are several subsequent procedures or different court dates and different Edmonton court procedures that you will have to follow to resolve your matter.
Options for Resolution
Janan Jarrah: What are the options if you don’t have your matter resolved on that first court date? How can you finally get to a resolution?
Peter Poon: There are a few options. If you have lawyers on both sides, you can try to settle the matter out of court, often called a four-way meeting. If that doesn’t work, the Court of King’s Bench has a pilot program called an Early Intervention Case Conference (EICC). This gives you one hour with a justice in a less formal setting to try and resolve the matter. However, no court orders will be made unless there is consent between you and your spouse or partner. For more contentious issues, you may need a special chambers date or a trial.
Differences in Court Procedures
Janan: So you talked about the Early Intervention Case Conference, special chambers, and trial. What are the main differences between these?
Peter Poon Jarrah: The main difference is that an Early Intervention Case Conference (EICC) is a chance for the court to try to resolve issues early. These dates are usually scheduled sooner than others. In special chambers, you are required to file documents like affidavits and concise letters outlining your legal arguments and evidence. These hearings are more formal and are set months in advance. A trial is the most contentious and time-consuming option. It involves presenting evidence and witness testimony in detail before a judge, who then makes a final decision. This is a major part of Edmonton court procedures and can be very stressful.
Edmonton Court Procedures: Judicial Dispute Resolution (JDR)
Janan Jarrah: What is a Judicial Dispute Resolution (JDR)?
Peter Poon: A JDR is similar to mediation and is usually conducted in a conference room with a justice of the Court of King’s Bench. There are two types of JDRs: binding and non-binding. In a non-binding JDR, the justice can only make an order if both parties consent. If there is no consent, the justice will decide on the next steps, which may include setting the matter for trial or special chambers. In a binding JDR, the justice can make an order regardless of consent, and that order is binding on all parties.
Conclusion
Wow, that’s a lot of information and different steps required in family litigation under Edmonton court procedures. Thanks a lot, Peter, for sharing all that information. Remember, folks – this is just for information, and is not legal advice. If you want more detailed information, or advice specific to your situation, give us a call directly at 780-665-4955 or click here to schedule a consultation. We can see how we might be able to help you. Thanks a lot!