Trial Counsel for Law Firms

How to Prepare a Trial Document Brief

There is a distinction between a “trial document brief” and a “joint trial document brief” as a joint brief requires collaboration.  This article will focus on times when counsel can’t agree on a joint brief or there simply is insufficient time to do so.

A joint brief is always better, as the authenticity and potentially the truth of the contents of a document may be agreed upon, vastly reducing the number of witnesses required.

A trial document brief is merely a compilation of the documents intended to be introduced as exhibits at trial.  It does not include all documents in the case.  Keep in mind that if a party intends to rely on a document, it better be in an affidavit of documents and served as far in advance of trial as possible to avoid objection.

Click here for a precedent trial document brief.

In order to introduce a document at trial, one must generally call its authour/creator to testify and because of the best evidence rule, introduce the original document.  There are some ways to get around these evidentiary requirements by using a joint trial document brief, request to admit and/or Evidence Act notices (business or medical).

This article is courtesy of the Ontario Civil Trial Manual

Click here for the Ontario Civil Trial Manual

Click here for our Services for Law Firms

This manual is trial information, not trial legal advice.

Copyright Notice ©

The Ontario Civil Trial Manual is copyrighted.  For permission to reproduce part of the trial manual please call (416) 944-2274 or email info@trialcounsel.ca.  Feedback and topic suggestions are welcome.  Thank you.

Hassell Trial Counsel
111 Greensides Ave
Toronto, Ontario M6G 3P8


© 2014 Hassell Trial Counsel. All Rights Reserved. Terms of Use and Disclaimer