Purpose and Operation

  Pre-trial procedures – procedures taken before a trial and may result in the dispute being settled  If the dispute is not settled the Pre-trial procedures act to prepare the parties thoroughly for the Trial  Involves an exchange of written documents which reveal the strengths and weaknesses of the parties cases What are Pre-Trial Procedures

  Goal of pre-trial procedures is to reach an out of court settlement – where a civil dispute is resolved before this trial is concluded  This can occur at ANY time up until the verdict is delivered in court (not just during pre-trail procedures)  Possible Out of Court Settlements include  Defendant offering plaintiff a sum of money  Defendant agreeing to other measures of compensation  Plaintiff deciding to drop proceedings Out of Court Settlement

  If direct negotiation fails the usual next step is to send a letter of demand.  Letter of demand has key elements of  The claim by plaintiff against defendant  The reason for the claim  The remedy sought  The time period in which to agree to the remedy  That legal action will be taken if the above not agreed to. Before Proceedings commence

 Steps in Pre-trial Procedures

 Discovery  Discovery allows the opposing parties to inspect or copy documents and additional information relevant to the case. This effectively a review of evidence  Documents exchanged during discovery can include s, vidoes, contracts, audio recordings etc  Discovery can be a long process but importantly both parties are entitled to discovery

 Directions Hearings  Directions hearings allow the court to be involved in some of the pre-trial stages leading up to a case being heard in court  They give direction about the pre-trial proceedings to ensure they are conducted effectively and in a timely manner  Court may ask parties to come to agreement about certain facts which are clear

 Activity – Katy Perry /NW Magazine