The exhibits in support of a judicial application must be listed in the summons to the defendant; those in support of a pleading must be listed in the pleading. Generally speaking, the parties are duty bound to co-operate and, in particular, to keep one another informed at all times of the facts and particulars conducive to a fair debate and make sure the relevant evidence is preserved. A party that has failed to disclose evidence cannot file it at trial except with the authorization of the court. Therefore, the parties must at the time prescribed by the Code of Civil Procedure or determined in the case protocol, inform one another of the facts on which their contentions are based and of the evidence they intend to administrate, including the exhibits that they intend to file.

Once the documents are exchanged, the parties will engage in the evidence stage of the trial. During this phase, the parties will normally proceed to examinations on discovery, which are only possible when the claims are over $30,000. It is possible to ask for additional documents and particulars to the other parties prior to the examinations for discovery, and we can ask the witnesses to provide undertakings during the examination in order to obtain additional documents and information.

Any expert reports also need to be communicated to the other parties prior to setting down the case for trial and judgment.