1. What is Chambers?



Chambers is just a courtroom. The reason it’s called Chambers is because certain kinds of applications are heard there – applications where the evidence is provided in writing rather than orally. An application to vary child support is one of those kinds of applications.

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2. Why do I have to go to Chambers?



Because your old order was made in Supreme Court, you have to go back to Supreme Court to change it. You go to Chambers, where your case is heard by a judge or master.

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3. What are the documents I need to prepare?



You start your Chambers application to vary the order by preparing documents called a notice of motion and an affidavit. The notice of motion is a document that tells the court and the other parties what order you want the court to make. An affidavit is a written statements of evidence made under oath. The affidavit sets out the evidence that you are relying on to seek your order.

You will have a limited time in Chambers to refer to your affidavit. When you have completed all your documents, write out a summary in note form of what you want to tell the judge in court.

You can find out about the notice of motion and the affidavit and any other documents you have to prepare by going to the relevant websites.
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If you live in Vancouver, you can get in-person information about the documents at the Supreme Court Self-Help Information Centre.

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4. Why do I have to prepare all these documents?



In Chambers the evidence is usually given by way of written statements made under oath (those are the affidavits). This is different from a trial. In a trial the evidence is given by witnesses testifying in person.

A large part of preparing for a Chambers application is organizing and presenting the evidence that the judge or master will consider when he or she decides whether to grant the order you request in the application.

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5. What’s the difference between a judge and a master?



There are differences between a judge and a master, including what sort of matters they may hear. Generally speaking, in family law matters masters may make interim orders (interim means “not final”) while judges make final orders. If the order you are trying to change is a final order made by a judge, you will need to apply to a judge to change it.

You don’t need to worry about the difference between a judge and a master too much. If there is an issue about who can make what kind of order, the judge or master will sort it out. As you will have noticed, I just use the one term, “judge.”

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6. When I walk into Chambers, who is going to be there?



There may be a lot of people in the Chambers courtroom. There may be other people who have come to Chambers on their own to make applications or respond to them.

Some people may be there with their lawyers. There may also be members of the public, who are simply there to watch. Supreme Court Chambers is generally open to the public, as are all court proceedings.

At the front of the courtroom, on an elevated platform, you will see the judge or master, usually wearing a business suit. The court clerk is sitting at a table or desk in front of the judge. In front of the court clerk you will see a long table – it’s called the counsel’s table – where the parties or their counsel sit when their application is being heard. Counsel means a lawyer who appears in court.

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7. Can I go to Chambers and watch?



Some time before you make your own application in Chambers, it is a very good idea to go to Chambers and watch. You can see what happens during Chambers proceedings. This will make you feel more comfortable when your turn comes. You don’t need to dress in a business suit, but be clean and neat whenever you go into Chambers.

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8. How long is the Chamber’s application going to take?



Chambers applications are intended to be brief. If you believe that your application will take more than two hours (which would be rare for an application to vary child support), you need to make a special request when you file your documents in the court registry. Registry staff at the counter will direct you to the trial coordinator, who will schedule a special hearing. (The trial coordinator is also located in the registry.)

You need to be able to estimate the time your application will take, both to tell your story and to give the other side an opportunity to respond.

One way to estimate how long the application will take is to read your summary aloud. That will show how much time you will need to tell the judge your side of the story. Then double that time to allow the other side to tell their side of the story. Then add in a bit of time for the judge to ask questions.

There are additional requirements for Chambers applications that are estimated to take more than 30 minutes. The parties must provide outlines of their positions and file a bound Chambers Record. (These are additional requirements are set out in Rule 51A of the Rules of Court.) You can find out more about the Rules by going to the Rules of Court link on this site.

You need to be pretty much on the mark about your timing. If the case is going to take too much more time, the judge might have to adjourn the hearing and you’ll have to come back again on another day. And don’t forget, you can get help with your documents, by going to these websites.

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ON THE DAY OF YOUR CHAMBERS APPEARANCE


9. What do I call the judge or master?



You address the judge or master as “Your Honour” or by his or her title and name, such as “Judge Smith” or “Master Jones.” You will know whether a judge or master is presiding by looking at the court list or by listening to the other parties when they address the presiding judge or master. Don’t worry if you make a mistake. You can always correct it in the next sentence. And nobody is going to make you sit down if you don’t address the judge or master correctly.

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10. What should I wear to Chambers?



Just be clean and neat and you’ll be fine. Avoid wearing clothing with slogans or sayings on them.

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11. Can I bring someone with me when I go to Chambers?



You can bring a friend with you for support but that person should remain in the public gallery when you are making your application. You are the only one who can speak on your own behalf in Chambers (unless you have a lawyer representing you).

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12. What should I do on the day of the hearing?



You will probably want to take the day off work because you won’t know what time of day your case is being heard.

Court starts at 10:00 a.m. Arrive by at least 9:30. Ask at the information desk at the front of the courthouse which courtroom to go to. The court lists for the day will be posted in the public area. The list will give your case and the courtroom where it is to be heard. Go to the courtroom before 10:00 a.m. and check in with the court clerk. Tell the clerk who you are and what application you are appearing on. Tell the clerk whether there is any change in the time estimated for hearing the application.

When court begins, the judge will decide the order in which the cases are to be called. Generally they will be called in time order from the shortest time estimate to the longest. The clerk will announce your case when it is time for it to be heard.

You might want to sit in on some other cases while you wait for your own. This will help you get familiar with what goes on.

If Chambers is already in session and dealing with another case when you arrive, go into the courtroom and take a seat. That way you will hear when your case is called.

If Chambers is in session, is customary to make a small bow to the judge when you enter and leave the room.

If you are in the court room before the judge comes in, the court clerk will walk in first, and say “Order in Chambers” and everyone stands up until the judge is seated.

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13. Do I need to bring copies of the documents with me?



While you should already have delivered a copy of your materials to the other side (and received a copy of their materials) before the hearing, it is a good idea to bring an extra copy with you in case the other side has neglected to bring them or the material filed with the court has not found its way to the judge.

If your case is going to take longer than 30 minutes you prepare and file chamber’s record. If you have filed a chambers record, bring a copy with you.
For information about a chambers record, go to Chambers Applications (PDF file.)

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14. When my case is called, I go to the front. Then what do I do?



You would say something like: “My name is_______. I am the applicant. My application is to change an order for ___________ (for example, child support). The order I want to vary was made in _____ by________ and can be found [indicate where in the materials the judge can find a copy of the order. I am seeking the following change to the order (you set out the new provisions that you are seeking).”

Then, using the summary you have prepared, tell the judge about the facts in your affidavit that you say support the order you want. The respondent to the application is expected to remain seated and quiet while you make your presentation. When you have finished with your presentation the respondent will have an opportunity to set out his/her side of the case.

You should not interrupt while the other side is speaking. Make a note and use that in your reply. If the other party says something that is incorrect, you will have a brief right of reply to deal with matters that the respondent has raised.

This will be your opportunity to correct what you say are factual errors.
It is important that you speak always to the judge and not directly to the other party. Do not get into an argument with the other party and always remain polite and civil.

When both sides have been heard, the judge may give a decision immediately (this is called an oral decision). Or the judge may put the matter over to a later time or date to give an oral decision or may indicate that he/she is “reserving decision.” “Reserving decision” means the judge will provide a written decision at some future date. The judgment office at the court will let you know when the decision has been filed and how you can pick up a copy. The office will contact you, so be sure you have your correct contact information on your documents when you file them.

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15. What happens if I’m not ready, or I need to change the date?



If you know this a few days ahead of time you should seek the consent of the other side. You should also advise the court through the registry that you will be seeking an adjournment.

If the other side consents to the adjournment, you will not have to appear to speak to the adjournment. However, if the other side does not consent or if you have been unable to contact the other side, you will have to appear either before or on the day set for the hearing and ask for the adjournment.

You will have to give a good reason for asking for an adjournment. For example, you tried to get the documents ready but you are still waiting for some of them; you’ve had an accident, or you or your children are ill.

If you are unable to appear in person to seek the adjournment you will have to have someone apply on your behalf. If you cannot appear in person, you will have to provide an affidavit setting out the basis for seeking the adjournment.

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16. Where can I find out more?



There are online and print materials, videos and multimedia guides that can help you through the process of making or responding to an application in Supreme Court Chambers.

To access these materials, go to the Self-Help section of the Justice Education Society website.

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