Trial Preparation for Plaintiff Firms 101 Desk Reference Manual
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1 Desk Reference Manual
2 INTRODUCTION In developing this course and the design of this desk reference manual, we wanted to develop a guide for the members of the litigation team. Trial preparation is a complex weave of tasks which is subject to procedural and evidentiary rules. Trial preparation is also an exercise in managing the many personalities, temperaments and moods you are likely to encounter when dealing with witnesses, opposing counsel and your own colleagues. Trial preparation is also an opportunity to develop your own professionalism by exhibiting leadership, flexibility and tenacity through the months required to ready a case for trial. And a good sense of humour does not hurt either! Highlights The fundamentals of trial preparation are the keys to successful litigation: proficiency with the Rules of Court, knowledge of court forms and an understanding of the rules of evidence. This version of the manual has been completely revised to reflect the new Civil Rules of Court that came into effect last July 1, Learning Objectives After attending, you will have an understanding of the applicable Rules of Court and how to use them to your advantage. You will also gain a knowledge of the Forms and how their use can affect your case. This course will help you organize all the details and schedule all the tasks! For those with trial experience, you will pick up some new coping strategies and for those new to trial preparation, you will learn what must be done and when. i.1
3 Table of Contents Introduction i A. Fundamentals 1. By the Rules: A discussion of various aspects of the Supreme Court of British Columbia Rules as they apply to trial preparation Rule 1-3 Object of the Rules A.1 Part 5 Case Planning Rule 5-1 Requesting a Case Planning Conference A.2 Rule 5-2 Conduct of a Case Planning Conference A.3 Rule 5-3 Case Planning Conference Orders A.3 Part 7 Procedures for Asceraining Facts Rule 7-1 Discovery and Inspection of Documents A.4 Rule 7-2 Examinations for Discovery A.5 Rule 7-3 Interrogatories A.6 Rule 7-4 Witness Lists A.7 Rule 7-5 Pre-Trial Examination of Witness A.7 Rule 7-6 Physical Examination and Inspection A.8 Rule 7-7 Admissions A.8 Rule 7-8 Depositions A.9 Part 9 Pre-Trial Resolution Procedures Rule 9-7 Summary Trial A.11 Part 11 Experts Rule 11-2Duty of Expert Witnesses A.12 Rule 11-5Appointment of Court s Own Experts A.12 Rule 11-6 Expert Reports A.13 Rule 11-7 Expert Opinion Evidence at Trial A.15 Part 12 Trial Rule 12-1 How to Set Trial for Hearing A.16 Rule 12-2 Trial Management Conference A.16 Rule 12-3 Trial Record A.17 Rule 12-4 Trial Certificate A.18 Rule 12-5 Evidence and Procedure at Trial Rule 12-6 Jury Trials Rule 15-1 Fast Track Litigation i.3
4 Table of Contents (continued) 2. Court Forms Form 19 Notice of Case Planning Conference A.21 Form 20 Case Plan Proposal A.22 Form 21 Case Plan Order A.23 Form 22 List of Documents A.29 Form 25 Subpoena to Witness A.34 Form 26 Notice to Admit A.36 Form 40 Notice of Trial A.39 Form 41 Trial Brief A.42 Form 42 Trial Certificate A.46 Form 43 Notice to Produce A.48 Form 45 Notice of Intention to Call Adverse Party as a Witness A.50 Form 47 Notice Requiring Trial by Jury A.52 Form 48 Order After Trial A.54 Notice to Mediate for General Litigation (120 days) A.56 Notice to Mediate for MVA Litigation (77 days) A Expert and Law Witnesses A Heads of Damage A.69 B. Trial Preparation Schedule B.1 C. Trial Preparation Checklist C.1 i.4
5 Table of Contents (continued) D. Appendix 1. Supreme Court of British Columbia Rules (complete version) Rule 5-1 Requesting a Case Planning Conference D.3 Rule 5-2 Conduct of a Case Planning Conference D.5 Rule 5-3 Case Planning Conference Orders D.8 Rule 7-1 Discovery and Inspection of Documents D.14 Rule 7-2 Examinations for Discovery D.22 Rule 7-4 Witness Lists D.31 Rule 7-5 Pre-Trial Examination of Witness D.32 Rule 7-6 Physical Examination and Inspection D.35 Rule 7-7 Admissions D.37 Rule 7-8 Depositions D.39 Rule 9-1 Offers to Settle D.44 Rule 9-2 Settlement Conferences D.47 Rule 9-7 Summary Trial D.49 Rule 11-1Application of Part 11 D.54 Rule 11-2Duty of Expert Witnesses D.54 Rule 11-3Appointment of Joint Experts D.55 Rule 11-4Appointment of Own Experts D.59 Rule 11-5Appointment of Court s Own Experts D.59 Rule 11-6 Expert Reports D.63 Rule 11-7 Expert Opinion Evidence at Trial D.68 Rule 12-1 How to Set Trial for Hearing D.71 Rule 12-2 Trial Management Conference D.73 Rule 12-3 Trial Record D.78 Rule 12-4 Trial Certificate D.79 Rule 12-5Evidence and Procedure at Trial D.81 Rule 12-6 Jury Trials D.102 Rule 15-1 Fast Track Litigation D.105 Rule 20-2 Persons Under Disability D.111 i.5
6 Table of Contents (continued) D2 Calculation of Time D.116 D3 Charts D3.1 Witness Scheduling D.117 D3.2 Hierarchy of Law D.118 D3.3 Trial Case Model D.119 D3.4 Experts Rule 11 Worksheet D.120 D4 Schedule 3 Fees Payable to Witnesses D.121 D5 Quantum of Damages Worksheet D.122 D6 Rule 9-7 Tip Sheet D.123 D7 Sample Letters D.125 i.6
7 Law Courts Center Desk Reference Manual Price List.xls Current to: 7/15/14 Title Code Last Updated Price BC Civil Litigation Guide v9.0 BCCLG Bills of Costs 101 BOC Business Corporations Act 101 BCA Case Planning Procedures CAP Chambers Application Procedures CHA Civil Litigation 102 CIV Clinical Records 101 CRS Conveyancing 101 CON Discovery Procedures 101 DIS Document Disclosure 101 Drafting Applications Workbook DOD 101 DAW Family Chambers Applications Procedures 1 FCAP 102 Family Law 102 FAM Fast Track Litigation Heads of Damages 101 FTL 101 HOD Law Office Management 101 LOM List of Documents 201 LOD Litigation Practice Basics 101 LPB Litigation Project Management 301 LPM Managing MVA Files 103 MVA Part 7 Benefits 101 P7B Personal Injury Book of Letters Personal Injury Studies 201 PIBL PIS Pleadings 101 PLE PST & GST FAQs for BC Law Firms Return to GST for BC Law Firms Recorded GST 102v Trial Preparation for Defence Firms TPD Trial Preparation for Family Law 101 TPF Trial Preparation for Plaintiff Firms TPP Trust Accounting 101 TRA Trust Assurance Management Recorded LectTAM 10v Trust Assurance Management Recorded LectTam 102v Trust Assurance Seminar Recording TAS 102v
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