Federal Courts Rules (SOR/98-106)

Marginal note:Assignment of trial date

264. A judge or prothonotary who conducts a pre-trial conference shall fix the place of trial and assign a date for trial at the earliest practicable date after the pre-trial conference.

Marginal note:Order

• 265. (1) At a pre-trial conference,

  • (a) a judge may make any order respecting the conduct of the action; and

  • (b) a prothonotary may make any order respecting the conduct of the action other than an order under a motion referred to in any of paragraphs 50(1)(a) to (i).

• Marginal note:Service of expert’s affidavit or statement

  (2) If applicable, the order shall set out the time for service of any additional or rebuttal affidavits or statements of expert witnesses.

Marginal note:Pre-trial judge not to preside at trial

266. A judge or prothonotary who conducts a pre-trial conference in an action shall not preside at the trial of the action unless all parties consent.

Marginal note:No disclosure to the Court

267. No communication shall be made to a judge or prothonotary presiding at a trial or hearing, or on a motion or reference in an action, with respect to any statement made at a pre-trial conference, except as may be permitted in an order made at the conclusion of the pre-trial conference or as consented to by the parties.

Marginal note:Trial record

268. The plaintiff, or any other party so directed by the Court at a pre-trial conference, shall serve and file a trial record not later than 40 days before the date fixed for trial.

Marginal note:Content of trial record

269. A trial record shall contain the pleadings, any particulars, all orders and directions respecting the trial and any other filed document that is necessary for the conduct of the trial.

Marginal note:Scope of trial management conference

270. Notwithstanding rule 266, a judge or prothonotary before whom an action has been set down for trial may, without being disqualified from presiding at the trial, hold a conference, either before or during the trial, to consider any matter that may assist in the just and timely disposition of the action.

Marginal note:Evidence taken out of court

• 271. (1) On motion, the Court may order the examination for trial of a person out of court.

• Marginal note:Considerations

  (2) In making an order under subsection (1), the Court may consider

  • (a) the expected absence of the person at the time of trial;

  • (b) the age or any infirmity of the person;

  • (c) the distance the person resides from the place of trial; and

  • (d) the expense of having the person attend at trial.

• Marginal note:Directions regarding taking evidence before trial

  (3) In an order under subsection (1), or on the subsequent motion of a party, the Court may give directions regarding the time, place, manner and costs of the examination, notice to be given to the person being examined and to other parties, the attendance of witnesses and the production of requested documents or material.

• Marginal note:Further examination

  (4) On motion, the Court may order the further examination, before the Court or before a person designated by the Court, of any witness examined under subsection (1), and if such an examination is not conducted, the Court may refuse to admit the evidence of that witness.