Federal Courts Rules

Marginal note:Requisition for pre-trial conference

• 258 (1) After the close of pleadings, a party who is not in default under these Rules or under an order of the Court and who is ready for trial may serve and file a requisition for a pre-trial conference, accompanied by a pre-trial conference memorandum.

• Marginal note:Contents of requisition

  (2) A requisition for a pre-trial conference shall be in Form 258 and include a certification by the solicitor of record that

  • (a) all examinations for discovery that the party intends to conduct have been completed; and

  • (b) settlement discussions have taken place in accordance with rule 257.

• Marginal note:Contents of pre-trial conference memorandum

  (3) A pre-trial conference memorandum shall contain

  • (a) a concise statement of the nature of the proceeding;

  • (b) any admissions of the party;

  • (c) the factual and legal contentions of the party; and

  • (d) a statement of the issues to be determined at trial.

• Marginal note:Documents

  (4) A pre-trial conference memorandum shall be accompanied by a copy of all documents that are intended to be used at trial that may be of assistance at the pre-trial conference, including all affidavits or statements of expert witnesses.

• Marginal note:Expert’s affidavit or statement

  (5) An affidavit or a statement of an expert witness shall set out in full the proposed evidence of the expert and, in the case of a statement, must be in writing, signed by the expert and accompanied by a solicitor’s certificate.