This pre-trial conference checklist is created with lawyers in mind, but businesses and individuals with cases before the Courts can also use it. The focus of the pre-trial checklist is on the nuts and bolts of pre-trial conferences, leaving advocacy decisions up to the checklist user. Our trial checklist is much more complex than this pre-trial conference checklist.
Purposes
There are 2 purposes to a pre-trial conference:
- Explore settlement (typically a payment in exchange for a release and the dismissal of a case, but can be more complex than that); and
- Trial management (how long, how many witnesses, trial documents, anticipated trial issues, etc.)
Long Range
- After setting the matter down for trial, schedule the pre-trial conference through the Trial Coordinator’s office (sometimes with a trial certification form) or at Trial Scheduling Court (aka To Be Spoken To Court in Toronto). Some jurisdictions are using Calendly for scheduling. Check with the Reginonal Practice Direction.
- Ensure the appropriate expert reports are complete (90 days before the pre-trial for expert reports and 60 days before the pre-trial for responding expert reports).
- It is advisable to re-visit the value of your case and make a reasonable rule 49 offer to settle before the pre-trial conference. There is a good chance the pre-trial Judge will ask about offers.
- A Certificate of Readiness needs to be filed at least 30 days before the pre-trial conference.
- If the pre-trial conference is scheduled weeks or months before trial, then you need to have trial preparation well underway. Key trial resources we offer include trial book the Ontario Civil Trial Handbook and the Ontario Civil Trial Checklist (much more in-depth and detailed than this brief checklist).
Preparing the Client
- Notify the client of the date, time, location (including any video conference details) and if in person a meeting spot at the Courthouse (since Courtroom numbers are assigned last minute). For in person pre-trials, most Courthouses post dockets indicating which Courtroom or conference room a pre-trial is in.
- Provide the client with a copy of all pre-trial conference briefs so they can come prepared, having read about the key issues.
- Have a frank discussion with the client about the strengths and weaknesses of the case, appropriate case valuation and what to expect at a pre-trial conference.
Drafting the Pre-Trial Conference Brief
- Keep it short. A pre-trial conference brief is an executive summary for a busy Judge. The brief should touch upon liability and damages and include a list of witnesses.
- Use a professionally-formatted template, such as those available by clicking here for our precedent pre-trial conference briefs.
- Ensure you have a pre-trial conference memorandum, together with a copy of the pleadings (plaintiff), witness list, key documents and expert reports.
- Use you mediation brief as a starting point for your pre-trial conference brief. Consider any developments since mediation. Do not just re-use a mediation brief unless it is concise – Judges do not have as much time as mediators.
- If you focus on a particular practice area, it is a good idea to develop a precedent pre-trial conference brief for your practice area.
- For simplified procedure matters, complete a Trial Management Plan and Trial Management Checklist. There’s an irony that for “simplified procedure” matters there are these additional requirements for the pre-trial conference brief.
Serve and File the Pre-Trial Conference Brief
- Assemble (hard copy or pdf), serve and file the pre-trial conference brief. The deadline is 5 business days before the pre-trial conference (not including weekends and statutory holidays), but the earlier the better.
- For paperless offices and electronic filing, create a pdf version of the pre-trial conference brief that is easy to navigate, with a hyperlinked-index and bookmarks for each of the tabs.
- Filing is typcially done electronically nowadays, with filing done through both Justice Services Ontario and Case Center.
Day of the Pre-Trial Conference
- Listen to the Judge. They have a wealth of experience as a lawyer and as a Judge.
- Take an extra copy of your witness list, which may be attached to the Trial Management Report to the Trial Judge.
- Be ready to give a 2 minute executive summary of the claim orally to supplement the pre-trial brief.
- Take an extra copy of your rule 49 offer and disbursements list.
- The client must attend with authority to settle and be ready to make quick decisions about settlement (time is limited).
- Be alert to trial management issues that may be discussed and be prepared to discuss the content of a Pre-Trial Conference Report to the Trial Judge (rule 50.08, most jurisdictions have a preferred form).
After the Pre-Trial Conference
- If the matter settled, ensure it is adequately documented and implemented, with the Trial Coordintor’s office notified if trial dates can be vacated.
- If the matter did not settle then proceed with the following:
- Add the pre-trial conference report to the trial record.
- Provide the client with a copy of the Pre-Trial Conference Report to the Trial Judge.
- Adjust rule 49 offers if appropriate.
- Continue with trial preparation.
More on Pre-Trials
For more information on pre-trial conferences, please take a look at How to Conduct a Pre-Trial Conference and our Top 10 Tips for Pre-Trial Conferences.
If you’d like legal advice on pre-trial conference briefs and pre-trial conferences, please take a look at our services.
Trial Resources
Resources by a trial lawyer, available online:
Trial Book Trial Manual Trial Checklist Trial Forms
Trial Services
If you would like legal advice from an experienced trial lawyer:
Our Services Consult Trial Counsel
Disclaimer
This website and all resources are trial information, not trial legal advice.
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