KDK Legal Virtual Family Lawyers

Family Litigation in Saskatchewan

Family Litigation in Saskatchewan

Our team is ready to passionately advocate for you, especially in situations involving extreme family violence

What is litigation?

The term “Litigation” is used often by lawyers to refers to the Court Process. In Court, lawyers advocate on your behalf and ask the Judge to make an Order or determination. The entire process from start to finish is planned with your lawyer on alternative possibilities based on your situation.

Our lawyers at KDK Legal have successfully litigated hundreds of matters successfully in family law and civil litigation.

What are the steps?

Litigation is a complex process with multiple steps that can vary depending on the venue and location, the nature of the case, and the specific circumstances involved. However, the general stages of litigation in Saskatchewan in family law and civil litigation typically include the following:

  1. Consultation and Case Evaluation: Before litigation begins, the potential plaintiff (tortfeasor) consults with a lawyer to discuss the case, the likelihood of success, and the advisability of moving forward.
  2. Pre-filing Investigation: The lawyer conducts a thorough investigation to gather all relevant facts, identify potential witnesses, and collect evidence to support the case.
  3. Drafting and Filing the Complaint or Petition: The plaintiff/ petitioner’s lawyer drafts a legal document called a Statement of Claim, Originating Motion, or Petition, which is filed with the appropriate court in Saskatchewan. This document outlines the tortfeasor’s claims against the defendant/ respondent.
  4. Service of Commencing Document: The Statement of Claim/ Petition/ Summons are served to the defendant/ respondent informing them of the lawsuit and requiring them to respond within a specified timeframe.
  5. Defendant/ Respondent Response: The defendant must file a response, which can be an answer and counterpetition, a motion to dismiss, a Statement of Defence and Counterclaim or other preliminary motions.
  6. Discovery: Both parties exchange information through a process called discovery, which may include requests for documents, and examination.
  7. Pretrial Motions: Either party can file interim motions during the discovery phase, which may include motions for summary judgment or to compel discovery, among others.
  8. Settlement Negotiations: Throughout the litigation process, both parties may engage in negotiations to settle the dispute without going to trial. Mediation or arbitration may also be used. In family law parties must certify that they have attempted dispute resolution before the close of pleadings (King’s Bench Act section 44.01)
  9. Pre-Trial Preparation: The matter is typically set for a pre-trial conference with counsel and the Court. 10 days before this conference, a Brief of Law must be filed.  If a settlement is not reached at the PTC then both parties prepare for trial. This involves organizing evidence, preparing witnesses, and developing legal arguments.
  10. Trial: The case goes to trial, where each side presents its arguments, examines, and cross-examines witnesses, and introduces evidence. The trial can be before a judge or a jury in Saskatchewan.

Contact our experienced team when you need a family litigation lawyer in Saskatchewan.