Other Pre-Trial Procedures to Prepare a Case for Trial

Following the completion of Examinations for Discovery of the parties and documents, and the satisfaction of any resulting discovery undertakings, the parties to an action will then usually contemplate the need for calling expert witnesses at trial.

Any party who is of the view that all pre-trial procedures have been completed and that the case is ready to proceed to trial may file with the clerk and serve on all opposing parties a 'Notice of Trial', which then mandates the Clerk of the Court to assign a proposed trial commencement date. Once the Notice of Trial is received by the court, the proposed date will be considered by a presiding Judge at the next monthly motions day, and in the absence of any objections, the proposed trial dates will be confirmed and added to the official court docket.

Further, if the parties intend to call any expert witnesses at trial, they need to serve on every other party a copy of the expert's signed report and the report must include, or be accompanied by a statement that contains, the expert's name, address, qualifications and the substance of his proposed testimony. In practice this is referred to as a "Notice of Expert Witness". The Notice of Expert Witness and expert report must be served as soon as practicable and no later than the motions day at which the trial date is fixed.