If your case is going to trial there will first be a pre-trial conference. In most cases the parties will make a joint request to book a pre-trial. There is a cost of $75 to book a pre-trial. You must attend the pre-trial conference
The goals of a pre-trial conference are:
- to allow the parties to participate in the problem-solving process
- to allow settlement options to be presented which would not necessarily be available at trial
- to allow the parties to receive the benefit of a trial judge’s views on issues that remain unresolved
- if settlement is not achieved, to narrow the issues that need to be decided at trial and arrive at all reasonable agreements that will minimize time at trial
- to take any other steps which will improve the efficiency of the trial and save time and costs for parties and witnesses
The pre-trial is conducted by a judge who will not be the judge at the trial. Where no settlement is reached, discussions between the parties are privileged, meaning that things that are said can’t be brought up at trial.
Pre-trial Brief
At least ten days before the pre-trial conference both parties need to file a pre-trial brief and give a copy of it to the other party. The pre-trial brief must:
- state clearly on the first page the name of the party filing the brief
- include a brief summary of evidence that will be presented
- include a brief statement of the issues in dispute and the law relating to those issues as well as anything, such as case law, that supports the party’s case – see Resources for information on where to find legislation and case law
- include all documents that are intended to be used at the trial, including medical and expert reports
The pre-trial brief can also include a proposal to settle the issues.