This morning, we continued with our internal Rogers Partners Litigation Strategy Series. Anita Varjacic led a discussion by Zoom on pre-trial conferences.
We addressed the need to write persuasive pre-trial briefs and to be fully prepared for pre-trial conferences.
We also discussed whether counsel should show their client’s complete hand at a pre-trial conference, or whether they should hold back on some issues and leave them for trial. We believe that it depends on the circumstances of each case, with particular consideration to the likelihood of the matter proceeding to trial.
In addition, we went over rule 50.06 of the Rules of Civil Procedure, which provides:
50.06 The following matters shall be considered at a pre-trial conference:
1. The possibility of settlement of any or all of the issues in the proceeding.
2. Simplification of the issues.
3. The possibility of obtaining admissions that may facilitate the hearing.
4. The question of liability.
5. The amount of damages, if damages are claimed.
6. The estimated duration of the trial or hearing.
7. The advisability of having the court appoint an expert.
8. In the case of an action, the number of expert witnesses and other witnesses that may be called by each party, and dates for the service of any outstanding or supplementary experts’ reports.
9. The advisability of fixing a date for the trial or hearing.
10. The advisability of directing a reference.
11. Any other matter that may assist in the just, most expeditious and least expensive disposition of the proceeding.