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Pre-Trial Preparation and Procedures

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Questions and Answers

What is one of the purposes of final pre-trial preparation?

To determine witness testimonies

To assign a judge to the case

To curtail the upcoming trial (correct)

To set the jury selection date

The plaintiff must give notice of the trial date within 10 days before the trial.

False

What document is drafted and handed to the court before the trial begins?

Rule 37 Minute

Failure to attend the pre-trial may result in a special penalty costs order under Rule _____ .

87(9)(a) Signup and view all the answers

Match the following components of pre-trial preparation with their descriptions:

Plaintiff's notice = Must be given within 5 days of trial date Agenda = Includes issues to be addressed at the conference Trial bundles = Indexed and paginated documents for trial Mediation = Consideration of alternative dispute resolution methods Signup and view all the answers

What is the purpose of the 'Affidavit of Discovery'?

To consist of various schedules and include privileged documents Signup and view all the answers

All documents controlled by one party are required to be disclosed during the discovery process.

False Signup and view all the answers

What is meant by 'litis contestatio' in the context of pleadings?

It refers to the stage where pleadings are closed. Signup and view all the answers

A notice of ______ is given for the discovery process.

discovery Signup and view all the answers

Match the following discovery-related terms with their definitions:

Subpoena duces tecum = A court order requiring a party to produce documents Notice to inspect = A written notice required for undisclosed documents Discovery process = The procedure of gathering relevant evidence Privilege against self-incrimination = Legal protection preventing self-disclosure of incriminating evidence Signup and view all the answers

Study Notes

Purposes

To curtail upcoming trial, considering most effective way to conduct trial
Identify who must begin, what can be admitted, who bears onus of proof & who must prepare "court bundle"

Process

Plaintiff within 5 days obtaining trial date, gives notice; conference is called. (Def can if plaintiff fails)
Not less than 10 days before, each delivers notice with points for inclusion of agenda.
The agenda must be included on agenda
- Admissions required
- Any inquiries not yet addressed
- Whether mediation has been considered

Rule 37 Minute

Minutes are drafted emanating from the conference & have to be handed to court prior to start of trial.

The cost - jambook

Rule 87 (9Ya) : special penalty costs order against litigant's attorney if:
- Did not attend the pre-trial
- Failed to promote the effective disposal of litigation

Final Pre-Trial Prep

Advice on evidence
- Form of pleadings
- Discovery process
- Onus of proof
- Evidence available
- Case observations
Case-flow management
Preparation trial bundles which are:
- Indexed & paginated

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Description

This quiz covers the essential aspects of pre-trial preparation, including key timelines, responsibilities of parties involved, and important rules such as Rule 37 and Rule 87. Understand the procedures for effective trial management and the implications of failing to comply with pre-trial requirements.