Preparing for trial

What this stage is

If the case did not settle, it is heading to trialTrialThe hearing where a judge listens to both sides, looks at the evidence and decides the case. Most Small Claims cases settle before trial.Close definition of Trial. A trial is where a judge hears both sides, looks at the evidenceEvidenceAnything used to prove a fact in court, such as documents, photos, messages and what witnesses say. The judge decides the case based on the evidence.Close definition of Evidence and makes a decision. This stage is about getting ready, so that on trial day you can tell your story clearly and prove it.

Good preparation is the single biggest thing you control. Judges see many cases. A clear, organized party is easier to follow and to believe.

What you need to do

1. Request a trial date

If the case is not resolved within 30 days after the settlement conferenceSettlement conferenceA meeting with a judge or court official to try to settle the case and prepare it for trial. It is held within 90 days after the first Defence is filed (Rule 13.01).Close definition of Settlement conference, a party must request a trial date and pay the fee (Rule 13.07). The fee to set a trial date is $308. Check the current fee with the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office. The court will then send a notice of the trial date [VERIFY: how trial dates are scheduled].

2. Serve your documents and written statements

You must serve all your documents and written statements on every other party at least 30 days before the trial (Rule 18.02). This can include:

• contracts, invoices, receipts and estimates
• photos, emails and text messages
• written statements from people who saw what happened
• expert reports, such as a repair estimate from a professional [VERIFY: rules for experts]

Check what you already shared before the settlement conference. Serve anything new, and keep proof that you served it. Documents that were not served in time may not be allowed at trial [VERIFY].

3. Line up your witnesses

A witnessWitnessA person who tells the court, under oath or affirmation, what they saw, heard or did. You can also be a witness in your own case.Close definition of Witness is a person who tells the court what they saw, heard or did. Think about who can back up your key facts.

If a witness will not come on their own, you can ask the court for a summons to witnessSummons to WitnessA court document (Form 18A) that orders a person to come to court and give evidence. It is used when a witness may not come on their own.Close definition of Summons to Witness on Form 18A. It orders the person to attend. You may need to pay them a set attendance fee or allowance [VERIFY: witness fees and how to serve a summons].

4. Fix your claim or defence if needed

If you need to change your claim or defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence, you must amendAmendTo change a document you already filed, such as a claim or defence, to fix or add something. In Small Claims Court, it must be done at least 30 days before the original trial date (Rule 12).Close definition of Amend it at least 30 days before the original trial date (Rule 12). Serve the amended version on the other parties [VERIFY: filing and service steps for amendments].

5. Think again about settling

You can still settle. An offer to settleOffer to settleA written offer to end the case on certain terms, made on Form 14A. An offer served at least 7 days before trial can affect the costs the court orders (Rule 14).Close definition of Offer to settle on Form 14A must be served at least 7 days before trial to carry costsCostsMoney the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them [VERIFY].Close definition of Costs consequences (Rule 14). If the other side turns down a fair offer and does worse at trial, it may affect the costs the court orders [VERIFY: exact cost consequences].

6. Choose how you will attend

If you need to attend in a different way, such as by video instead of in person, file a Request to Change Attendance Method (Form 1B) at least 30 days before the hearing.

7. Bring a motion if something is blocking you

If you need the court to decide a problem before trial, such as more time for a step, you bring a motionMotionA request asking the court to make a decision on a specific issue during a case, such as more time or setting aside a default. It uses Form 15A and must be served at least 7 days before the hearing (Rule 15.01).Close definition of Motion using Form 15A. It must be served at least 7 days before the hearing (Rule 15.01).

Build your trial binder

Put everything in one binder, with tabs:

1. A one-page summary of your case
2. A timeline of events, in date order
3. Your claim or Defence, and the other side's documents
4. Your evidence, each item numbered as an exhibitExhibitA document, photo or other item shown to the court as evidence. Exhibits are usually numbered so everyone can find them.Close definition of Exhibit
5. Questions for each of your witnesses
6. Questions for the other side's witnesses
7. A breakdown of the amount you are asking for, or why you owe nothing

Make copies for the judge and each other party [VERIFY: number of copies]. Practise telling your story out loud in five minutes or less.

The deadlines at this stage

• Request a trial date: if not resolved within 30 days after the settlement conference (Rule 13.07).
• Serve documents and written statements: at least 30 days before trial (Rule 18.02).
• Amend a claim or defence: at least 30 days before the original trial date (Rule 12).
• Change attendance method (Form 1B): at least 30 days before the hearing.
• Offer to settle for costs consequences: at least 7 days before trial (Rule 14).
• Motions: served at least 7 days before the hearing (Rule 15.01).

Forms

• Form 18A: Summons to Witness
• Form 1B: Request to Change Attendance Method
• Form 14A: Offer to Settle
• Form 15A: Notice of Motion and Supporting Affidavit

Common mistakes

• Serving documents late. The 30-day deadline is firm. Count back from the trial date now.
• Relying on a witness who may not show up. Use a summons if you are not sure.
• Bringing a pile of paper. Organize and number everything.
• Not knowing your numbers. Be ready to explain every dollar.
• Forgetting the other side's evidence. Read it, and plan how you will answer it.

What happens next

Once you are ready, it is time for Trial day.

Need to go back? See Settlement conference.