Preparing for Trial

*This is the 11th blog in our series, The Life of a Personal Injury Case…. From accident to settlement or trial.

Has your personal injury matter been set down for trial? Here’s what you need to know.

Trial dates are set by a judge at a Date Assignment Conference. At this conference, along with setting dates for a trial, the court will set other important deadlines that all parties must adhere to, such as disclosing additional evidence and obtaining expert reports. Your legal team will be working diligently to gather, review and prepare evidence for your trial, following requirements set out in the Civil Procedure Rules and the Evidence Act.

A “Finish Date” will be set at least 60 days before the first day of Trial. This is an important date because it signals that all pre-trial procedures are complete. Documents, expert and other evidence on which each party wishes to rely must be exchanged and any objections noted by this date.

The parties work together to prepare a Common Book of Evidence containing all evidence that will be presented to the Court by agreement. Any documents a party wishes to introduce that are not contained in the Common Book of Evidence must be introduced through a witness who can authenticate the document.

In some cases, a party may wish to introduce demonstrative evidence, such as diagrams, charts or models. The party wishing to use this evidence must notify the other party in accordance with the deadline for doing so.

A final Witness List must be filed by each party, usually by the Finish Date. The Witness List should include every person the party wishes to call at trial; the Rules do not allow anyone to be called who is not on the witness list.

Any party that wishes to rely on opinion evidence from an Expert must file an Expert Report under Rule 55. In a personal injury case, these reports are typically authored by medical experts (Independent Medical Examinations), liability experts (e.g., accident reconstructionist), and/or vocational (e.g., transferrable skills analysis) or wage loss experts (e.g., actuary/accountant). Once the report is admitted, the party filing it gets to rely on the opinions contained within it. The Expert will not provide direct testimony but will be open to cross-examination by the other side at trial.

Opinions of treating physicians are only admissible at trial if the opinion is recorded in the physician’s notes taken contemporaneously with assessing the patient, and the records are compliant with Rule 55.14. This Rule requires the physician to sign a representation confirming the opinion was formulated in the course of treatment; identify the notes representing and supporting the opinion; provide a transcript of notes that are difficult to read; and provide the treating physician’s relevant qualifications (CV or resumé).

Other witnesses for trial include lay witnesses, such as people who saw the accident, or family members, friends, coworkers, and other people who can speak about the impact of your injuries. In the weeks leading up to trial, your lawyers will speak with potential witnesses in order to understand their evidence and prepare them to testify. Your lawyer may ask for your input regarding lay witnesses who would be able to provide helpful evidence for your case.  

If your trial is scheduled before a jury, a jury pool will be formed, and a confidential jury list will be sent to your lawyer shortly before the start of the trial. The first day or more of trial will be used to select the jury.

Leading up to trial, your lawyer will also advise the court if you or any of your witnesses require any special equipment or accommodation, such as video or audio equipment or a translator.

Even as you and your legal team prepare for trial, there remain opportunities for settlement, either through a Judicial Settlement Conference, a Mediation, or your lawyer negotiating directly with the other side. Many cases settle during one of these steps, saving you the time, expense, and stress of a full trial. Some cases cannot be resolved through these methods because the parties cannot reach a compromise and require a trial followed by a decision from the judge or jury.

The lawyers at Carter Simpson are experienced, passionate, and devoted to assisting those who have been injured in motor vehicle collisions and other types of accidents. We will advocate on your behalf to secure the best possible outcome through settlement, discovery examinations and/or trial.

Carter Simpson provides this article for informational purposes only. It does not constitute legal advice. Please consult our firm to discuss your specific circumstances before taking any action based on this content. We disclaim all liability for actions taken based on this material.