This paper was presented at the 2020 Civil Litigator’s Survival Guide to Evidence.
This article will address frequently encountered evidentiary issues on motions and applications, how to overcome certain problems, and present properly. The following issues will be examined:
- Motions vs. Applications: the key differences and their role in determining the evidence that you need;
- How does the use of cross-examination transcripts on a motion differ from examinations for discovery in an action?
- Effective use of motions for directions; and
- Case conferences as evidence-gathering tools for motions
To complete paper is available to download here: