Setting Your Matter Down for Trial
*This is the 10th post in our series, The Life of a Personal Injury Case…. From accident to settlement or trial.
When you start a personal injury lawsuit in the Nova Scotia Supreme Court, your case does not automatically move straight to trial. Before trial dates can be scheduled, several pre-trial steps must be completed. Once those steps are finished, either party can then request trial dates through the process outlined in the Civil Procedure Rules.
For personal injury claims where the damages claimed are more than $150,000, you can’t request trial dates until certain steps have been completed (unless a judge gives special permission). These steps include:
Exchanging all required documents and electronic information
Completing discovery of each individual party
Completing discovery of a corporate party’s designated manager or another officer/employee
Answering any required written questions (called interrogatories)
Where the damages claimed are less than $150,000, the plaintiff may choose a simplified procedure under Rule 57 of the Civil Procedure Rules, which allows either party to request trial dates before completion of the steps noted above.
When a party is ready to ask for trial dates, they file a Request for Date Assignment Conference (RDAC) with the Court. This document tells the Court when the parties are ready for trial, what steps are left before trial, a general description of the type of evidence to be introduced at trial, how many witnesses will testify, how long the trial might take, and any special requirements. This helps make sure your trial is scheduled with enough time for everything to be properly heard.
After the RDAC is filed, the other parties to the Action must submit their own response document (Memorandum for Date Assignment Judge) with the same details for the Court. The Court will then schedule a Date Assignment Conference (DAC), where all parties speak with a judge to confirm the information provided, deal with any outstanding or anticipated issues, set deadlines for further pre-trial steps, and schedule trial dates.
Following the DAC the Court issues a Memorandum to all parties confirming the trial dates as well as deadlines by which pre-trial procedures need to be completed. Your lawyer will notify you of the trial dates. Be sure to confirm your availability immediately and keep that time blocked off.
In the lead-up to trial, each party must meet important deadlines, such as disclosing additional evidence and obtaining expert reports. The parties work together to prepare a Common Book of Evidence containing all evidence that will be presented to the Court by agreement. A final Witness List must also be filed, usually about six months before the start of the trial. Because of court availability and preparation requirements, trial dates are often scheduled two or more years after the RDAC is filed.
Even if trial dates are set, that doesn’t necessarily mean your case will go all the way to trial. There are still several opportunities to resolve your claim through negotiation before trial. At the Date Assignment Conference, the Judge will ask if you and the other party want to schedule a Judicial Settlement Conference. You may also choose to take part in Mediation. In addition, your lawyer can continue 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.
Filing an RDAC may be necessary to move your case forward. If you have questions or concerns about setting your case down for trial, be sure to discuss them with your lawyer. Their role is to guide and support you through every step of the process.
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.