Last Reviewed: March 2023 Reviewed by: JES Download
Trial Record and Certificate
Prepare a Trial Record
A trial record is a bound book that contains all the pleadings and other documents to be put before the court at the trial. The party who filed the notice of trial must file a trial record at least 14 days, but not more than 28 days, before the first day of trial.
A trial record must include:
- The pleadings: (e.g, the notice of civil claim, response, as well as any third party notice or counterclaim). If any of these documents have been amended, include only the amended pleadings
- Particulars: Any particulars served under a demand for particulars, together with the demand. (A demand for particulars is a request that a party provides more information about a matter set out in their pleadings. See Rule 3-7(23))
- The case plan order, if any
- Court orders: Any court order that relates to the conduct of the trial (for example, a court order that the trial be heard in a different registry)
Steps for a Trial Record
- Collect Documents. Make sure you have all the necessary documents
- Prepare a cover and an index. On the cover put the style of proceeding, the title TRIAL RECORD, and the names, addresses, and phone numbers of all parties or their lawyers. Include the date and place of trial in the bottom right-hand corner of the cover page. In the index, set out the name of each document, the date the document was filed, and the page number of the document in the trial record
- Number Pages. Number each page of each document in the top right-hand corner
- Date and Location. Under the page number on the first page of each document in the trial record, including the registry office and the date the document was filed, prepared, completed, or made
- Bind. Have the trial record bound
- File. File the trial record with the court registry
- Deliver copies. Once you have filed the trial record, deliver copies to all other parties to the action
Prepare a Trial Certificate
A trial certificate (Form 42) is a very important document. If no party files a trial certificate, your case will be removed from the trial list and you will have to schedule a new trial date.
A trial certificate is a short document that sets out:
- That the party submitting the form will be ready to proceed with the trial on the date scheduled
- That the party submitting the form has completed all examinations for discovery
- The current estimate of the length of the trial and
- A statement that a trial management conference has been conducted in the action
All parties must file and serve a trial certificate at least 14 days but not more than 28 days before the first day of trial.
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