Following the completion of Examinations for Discovery of the parties and documents the parties to an action will then usually contemplate the need for calling expert witnesses at trial. Should a party retain an expert witness, they must give the other party the report of the expert witness at least 4 days prior to a pre-trial conference if available or 10 days prior to the start of the trial. Expert reports not provided at least 10 days prior to the start of trial will not be admissible without leave.
At any point pre-trial, parties may make application to court by motion for the court to decide on questions of law, fact, or admissibility of evidence or to generally weigh in on the direction of the proceedings moving forward.
Pre-trial conferences are used for the parties to get together and attempt to simplify the issues by amending pleadings, admitting certain facts, limiting the number of witnesses at trial, etc. At least 5 days before a pre-trial conference each party shall provide to the opposing party and the judge a brief containing a summary of facts and the issues of law. At a pre-trial conference, the judge may order the parties attend a settlement conference.
The purpose for a settlement conference is to allow the parties to gather before a judge, without the hearing of witnesses, and explore all possibilities of settlement. The settlement conference typically occurs 1 to 2 months prior to the actual trial date. At least ten days before the settlement conference, each party shall file a brief. All communication during a settlement conference is privileged. The parties may settle the action at the settlement conference, or if not, the judge may rule, amongst other things, that the settlement conference be converted to a pre-trial conference.