Small Claims Settlement Conference Preparation Checklist (20:App J): Difference between revisions
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#Time estimate for trial, available dates for counsel and witnesses | #Time estimate for trial, available dates for counsel and witnesses | ||
#Other orders: in advance of trial, consider if a separate hearing will be required for one or more of the following: | #Other orders: in advance of trial, consider if a separate hearing will be required for one or more of the following: | ||
:(a) summary judgment or dismissal | |||
:(b) production of other documents or evidence | |||
:(c) addition of parties or amendment of pleadings | |||
:(d) change of venue | |||
:(e) consolidation of claims, joining trials | |||
:(f) inspection or preservation of property | |||
:(g) independent medical examination | |||
#Ask the judge to review the prospect of the penalties in Rules 10.1, 20(5) and 20(6) | #Ask the judge to review the prospect of the penalties in Rules 10.1, 20(5) and 20(6) | ||
'''SOURCE:''' ''Small Claims Court - 1994'', Continuing Legal Education Society Manual. | :'''SOURCE:''' ''Small Claims Court - 1994'', Continuing Legal Education Society Manual. | ||
:'''NOTE:''' The Small Claims BC website has its own [http://www.smallclaimsbc.ca/sites/default/files/pdf/settlement-conference-checklist.pdf settlement conference checklist] | :'''NOTE:''' The Small Claims BC website has its own [http://www.smallclaimsbc.ca/sites/default/files/pdf/settlement-conference-checklist.pdf settlement conference checklist] |
Revision as of 22:34, 23 November 2022
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 24, 2022. |
Settlement Conference Preparation Checklist
- Be prepared to define the issues
- List who will attend settlement conference
- Authority to settle: obtain instructions and ensure a representative with authority to settle is in attendance
- List who will speak to what issues
- Witnesses: how many and names/evidence
- Expert witnesses: bring report or summary of opinion expected
- Expected schedule for delivery of expert reports
- Documents to be sought and schedule for delivery
- List documents to bring
- Consider admissions or seek agreed facts, or alternative methods of proof
- Time estimate for trial, available dates for counsel and witnesses
- Other orders: in advance of trial, consider if a separate hearing will be required for one or more of the following:
- (a) summary judgment or dismissal
- (b) production of other documents or evidence
- (c) addition of parties or amendment of pleadings
- (d) change of venue
- (e) consolidation of claims, joining trials
- (f) inspection or preservation of property
- (g) independent medical examination
- Ask the judge to review the prospect of the penalties in Rules 10.1, 20(5) and 20(6)
- SOURCE: Small Claims Court - 1994, Continuing Legal Education Society Manual.
- NOTE: The Small Claims BC website has its own settlement conference checklist
- NOTE: For trial conferences under the pilot project in Vancouver (Robson Square), at least 14 days in advance of the conference, each party is required to complete a Trial Statement (Form 33) and file it, along with all relevant documents, at the registry (Rule 7.5(9)). Each party must serve the other parties to the claim with a copy of the trial statement and attachments at least 7 days before the trial conference (Rule 7.5(10)).
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