Preparation can be the key to a successful court case. Here are some suggestions from judges on steps to take early and how to get ready for a conference held before a trial.

Know your case thoroughly

Interview witnesses thoroughly as soon as you can and think about how to approach your case. This will allow time to make changes as you discover new facts or law. 

If possible, go to the place where things happened. Look with your own eyes. You can ask witnesses better questions when you know the answers. 

Review the law. In a criminal case, read the information (the document setting out the charges) and the Criminal Code or other law setting out the offence. In a family matter, review the parts of the legislation (statutes, regulations and rules) that apply. Read the decisions on cases with similar facts that have been followed by other judges (“leading cases”). 

Learn about any pre-trial processes (procedures happening before a trial) in your case. For example, in most small claims cases there will be a settlement conference before a trial is scheduled. In family law cases there will be a family management conference. In longer criminal cases there will be a pre-trial conference. 

Librarians at public and courthouse libraries can help you find the law and rules that apply to your case. 

Figure out if you need to make any pre-trial applications, like requesting an order for the other party to give you documents. If so, make sure you obey the deadlines and rules about delivering your application to the other party. 

Legal Research

Avoid delays

When you have to attend court, leave extra time to travel there, park if you’ve driven, and find the courtroom. If you are late it can delay your case. You may have to come back on another day to finish it. 

Be pro-active in avoiding delays. Anticipate how long it may take to have reports prepared or documents produced and allow enough time.  Learn current timelines for scheduling pre-trial applications and conferences in your court registry. Be sure to include enough time for a judge to rule on any pre-trial or Charter applications when scheduling pre-trial applications and trials.

Plan your witnesses

Use witnesses wisely. Ensure they can say something or provide evidence about a material fact in issue (a significant fact in your trial). If they’ll need an interpreter, make arrangements early. 

Consider whether there are facts you don’t dispute that you could admit as evidence in the trial without the other party having to present evidence to prove them. Consider whether evidence could be presented using written records alone. Think too whether any of your witnesses need testimonial accommodations (steps taken to support victims or witnesses while testifying) and request them ahead of time. 

Witnesses may sometimes be able to testify remotely, using audio or video conferencing, instead of coming to the courtroom. This may not be possible if their evidence is disputed or there are other reasons for them to testify in person in the courtroom. 

Interpreters

Participating remotely

Testimonial accommodations

Pre-trial conferences

In a conference, the parties meet with a judge to discuss their case. In most types of conferences, you usually attend remotely, using a computer or phone and Microsoft Teams to take part in a video or audio conference. 

A pre-trial conference has two main purposes for the Court: 

• To shorten wait times by reducing the number of cases set for trial 
• To manage cases set for trial to make sure time estimates are accurate and trials finish in the time set for them  

The parties may be able to use a conference to explore the strengths and weaknesses of their cases and see whether it’s possible to make an agreement that shortens or avoids a trial. 

Before any type of pre-trial conference, you should:

• Review all the evidence and documents in the case
• Know the strengths and weaknesses of your case 
• Read the Court’s notices and practice directions about the type of conference you will attend
• Be prepared to make significant decisions at the conference that will affect your case and the trial process 

If you’ll be attending remotely by audio or video conference, remember you are still attending an official court proceeding. Behave as if you are in a court room. 

If you have a lawyer, they must ensure they have instructions from you as their client before a pre-trial conference. 

Notice 21 Remote Attendance in the Provincial Court

Microsoft Teams Guide

Criminal pre-trial conferences

When a criminal trial is estimated to take at least one to three days, depending on the court location, there will be a pre-trial conference well before the trial. If an accused person doesn’t have a lawyer, they and the prosecutor attend court to discuss with the judge trial management issues like admitted facts, use of written records, and testimonial accommodations. 

If an accused person is represented by a lawyer, their lawyer and the prosecutor will attend a virtual pre-trial conference. CRIM 12 Criminal Pre-Trial Conferences applies to those conferences. 

Criminal pre-trial conferences

CRIM 12 Criminal Pre-Trial Conferences – applies only in cases where the accused person is represented by a lawyer, and includes two checklists

Family and civil conferences

Review the Family or Small Claims pages of the Court’s website so you know what to expect. If you have a lawyer, they should speak to you well before the conference, not just to get your instructions, but to tell you what to expect at each step of the process. 

Before a conference, review the court rules to decide if there are procedural orders you might ask the judge to make to move the case forward. 

At a Family Case Management Conference, both lawyers and people without lawyers should be ready to tell the judge: 

• the issues you hope to discuss in the limited time available at the conference
• any issues the parties agree on, so the judge can deal with them
• your time estimate for a hearing or trial if all issues are not resolved at the conference
• what documents and reports will likely be necessary and the time it will take to obtain them

Family Management Conferences

At a Small Claims Settlement Conference both parties or their lawyers, if they have them, should be ready to explain how they will prove their case. 

When preparing, list the things you and the other party agree on. Think about reasonable ways to settle your case. Provide important documents to the court registry and the other party before the conference. Consider whether there are orders you’ll ask the judge to make if your case isn’t settled. Such orders might be to get copies of documents or inspect something. 

Settlement conferences