Prepare for questioning

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Learn the basics about family courts and laws in Alberta before you prepare for questioning.

Then, there are a few other things you should know before you get started.

Why questioning happens

There are two purposes of questioning:

1. To assess how credible someone is. If you are being questioned, the other person or their lawyer is trying to uncover inconsistencies in your story so you look less credible than them. If you seem less credible, the court may be more likely to believe what the other person says and not you.
2. To gather evidence about the claim. What each partyparty An individual or business involved in a court case. says during questioning becomes evidence in the case, as do any documents you agree to provide after the questioning.

Each partyparty An individual or business involved in a court case. has a right to question anyone who has made an affidavit, including the plaintiffplaintiff The person who files a Statement of Claim with the court., defendantdefendant The person who responds to the plaintiff’s Statement of Claim. or any witnesses. You can waive your right to question the other partyparty An individual or business involved in a court case., but you cannot refuse to be questioned by the other partyparty An individual or business involved in a court case..

When questioning happens

Questioning is a process only available in the Court of King’s Bench. It usually happens after the partiesparties The people involved in a court case. have exchanged disclosure or affidavits of records but before the trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved. or Special ChambersSpecial Chambers Courtrooms that are open to the public where the people in a case have more than 20 minutes to talk to the justice. Special Chambers is not the same as a trial because the justice can grant an interim order to move the case along, not make a final decision. date.

Schedule questioning well before your court date to give you time to complete it as well as exchange any documents or information that you might agree during the questioning to provide to each other.

The questioning process

The following people may attend a questioning:

• the plaintiffplaintiff The person who files a Statement of Claim with the court./applicantapplicant The person who applies for a court order. and their lawyer if they have one
• the defendantdefendant The person who responds to the plaintiff’s Statement of Claim./respondentrespondent The person who responds to the applicant’s request for an order. and their lawyer if they have one
• a court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses.

Questioning usually takes place in a conference room or lawyer’s boardroom. You can also ask the courthouse if you can book one of its rooms.

The court reporter sits at the head of the table. You sit on one side, along with your lawyer if you have one. The other partyparty An individual or business involved in a court case. sits on the other side of the table with their lawyer if they have one.

The court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. swears in each person who will be answering questions by asking them to take an oathoath A legal promise to tell the truth..

The court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. also records everything that is said during the questioning. After the questioning, the court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. prepares the transcript and sends it to the partyparty An individual or business involved in a court case. who requested the questioning. That partyparty An individual or business involved in a court case. must file the transcript with the court as evidence.

During the questioning, you may be the one asking questions or answering questions, or both. If the partiesparties The people involved in a court case. are questioning each other, only one partyparty An individual or business involved in a court case. asks questions at a time. If you choose not to question the other partyparty An individual or business involved in a court case., then you may be the only person who is answering questions.

If you have a lawyer, they will question the other partyparty An individual or business involved in a court case. on your behalf.

If you are being questioned, you must answer the questions, not your lawyer. Your lawyer may speak up if the other person asks you to provide follow-up information, known as an undertakingundertaking A promise a lawyer makes to do something., or if the other person asks you an inappropriate question. Once the questioning starts, your lawyer cannot speak to you about the evidence or coach you in any way, including during breaks.

In rare cases, you can ask to have a support person with you while you are being questioned. Support people may not interrupt, coach or otherwise get involved in the questioning. They cannot be witnesses for your case. You must ask the other partyparty An individual or business involved in a court case. well before the questioning if you can bring a support person. If the other partyparty An individual or business involved in a court case. refuses your request, you can ask the court to allow you to bring a support person.

Make or respond to a questioning request

You can question anyone who has made an affidavit in the case, including the other partyparty An individual or business involved in a court case. and any of their witnesses. Send a written request to the person you want to question or their lawyer if they have one. Give them dates and times you are available and propose a location.

If you receive a request from the other partyparty An individual or business involved in a court case., respond quickly and kindly. Remember, you cannot refuse to be questioned. Let them know what proposed dates and times work for you. Also let the other partyparty An individual or business involved in a court case. know if you have any accommodation requests, such as accessibility, translation or wanting a support person to come with you.

Figure out the logistics

The person who requests the questioning must book the location and court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. and pay all costs.

If you requested the questioning

You must estimate how much time you need to get through your questions. Once you have confirmed a date(s) and time, you must book the court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. and location.

If you think your questioning will take more than one day, keep the dates close together. The person being questioned cannot talk to anyone about the questioning, including their lawyer, until it is over.

If you have a lawyer, they will likely suggest using their boardroom for the questioning. They will also book the court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses..

If you do not have a lawyer, you will have to find a boardroom or conference room to use and book the court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses.. You can search online for a company offering court reporting services in your area.

As the partyparty An individual or business involved in a court case. requesting the questioning, you are responsible for paying all fees for the location, court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. and transcript. If the other partyparty An individual or business involved in a court case. also wants to question you, you can agree to have it happen all at once and share the costs or you can each book your own questioning and pay the fees only for the questioning you request.

If you are being questioned

The other partyparty An individual or business involved in a court case. will let you know when and where the questioning will take place once they have booked everything. Let them know if you have any questions or concerns.

Review your court documents

Whether you are asking or answering questions, you should read through all the court documents in the case. This includes documents filed with the court or shared with each other, such as claims and affidavits of records. Make sure you understand the issues you and the other partyparty An individual or business involved in a court case. are trying to resolve.

Bring a copy of all your court documents with you to the questioning. You may need to give documents to the court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. to attach to the transcript as an exhibitexhibit A document you refer to in and attach to your affidavit that helps you prove the truth of the statement you are making., so having a backup copy is a good idea.

Prepare your questions and answers

Both the person asking questions and the person answering questions must prepare beforehand.

If you requested the questioning

If you have a lawyer, they will prepare the questions. They may go through the questions with you beforehand to make sure they have covered everything.

If you don’t have a lawyer, you must prepare a list of questions you want to ask. After reviewing all the court documents, think about what information you still want to know. Is any information missing or unclear?

Make sure your questions relate to the issue you are dealing with. If you ask unreasonable or off-topic questions, the other partyparty An individual or business involved in a court case. may object to answering the question.

If you are being questioned

Think about whether anything in the court documents needs to be explained further. The other partyparty An individual or business involved in a court case. will likely ask questions about missing or unclear information.

The other partyparty An individual or business involved in a court case. will also ask you to give more details about issues you are trying to resolve. Depending on the issues, the other partyparty An individual or business involved in a court case. may ask you questions about:

• how things were before the separation, including your finances, who worked and who cared for the children
• if you experienced, witnessed or caused family violence
• your relationship with your children and other family members involved in the issue
• your income, education and training, finances and property
• if you are claiming a disability, your physical and psychological condition and related medical treatments
• how things are after the separation, including your finances, the parenting plan and how the separation has affected you
• how things are for the children after the separation, including their behaviour and activities

You cannot refer to your notes when being questioned under oathoath A legal promise to tell the truth.. But you can ask to have a pad of paper in front of you to make new notes during the questioning.

Know how to conduct yourself

Questioning is a formal process. It is important to take it seriously. Remember also that the court reportercourt reporter A person who writes down everything that is said during a legal process, like a questioning, court appearance or trial. They use a special machine to record spoken works and create a written transcript that justices, lawyers and others in the case can use. They can also administer oaths to witnesses. is recording everything that you and the other partyparty An individual or business involved in a court case. say.