PERSONAL INJURY FOR LEGAL SUPPORT STAFF 2013 PAPER 1.1

Transcription

1 PERSONAL INJURY FOR LEGAL SUPPORT STAFF 2013 PAPER 1 Document Management These materials were originally prepared by Jodi McKinstry, Paralegal, of Quinlan Abrioux, Vancouver, BC, for the Continuing Legal Education Society of British Columbia publication Personal Injury for Legal Support Staff 2011 (October 2011) and have been updated for June Jodi McKinstry

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3 1 DOCUMENT MANAGEMENT I. Introduction... 2 II. Opening the File... 2 A. Conflict Check... 2 B. Checklists and Limitation Dates... 2 C. File Information Sheet... 2 III. Organizing the File... 3 A. The Physical File... 3 Pleadings Motions Examinations for Discovery Mediation Trial Rule 11-6 Correspondence Keep the File (and Correspondence) Updated... 5 B. Organizing Documents... 5 C. Document Disclosure... 6 Documents to Opposing Counsel Documents to your Experts... 6 IV. Managing the File... 6 A. Checklists and Limitation Dates... 6 Limitation Dates Bring Forward System... 7 B. Trial Preparation... 7 C. Documents... 7 Types of Documents Obtaining Documents... 8 a. Medical Documents... 9 b. Employment and Education Documents... 9 i. Employee Files... 9 ii. Revenue Canada... 9 iii. School Records... 9 iv. Other c. Police Records V. Conclusion VI. Appendix A Sample File Information Sheet VII. Appendix B Sample Pleadings Index VIII. Appendix C Sample Expert Index IX. Appendix D Sample Index to Document Brief X. Appendix E Rules for Calculating Limitation and Other Important Dates... 15

4 2 XI. Appendix F List of Limitation Dates from the Civil Rules XII. Appendix G Sample Checklist of Documents to Collect I. Introduction When determining the best way to organize a personal injury file it is important to keep in mind the ultimate goal, which is final disposition of the matter. In most cases this is settlement or trial. Systems must be implemented that make sense to everyone and allow all members of the team to find documents or information quickly. When determining what type of systems to implement, it is important to take into account the nature of the files your office deals with and to keep the systems in proportion to those files. The object of an organizational system is to save you time not to create more work. This paper will discuss the importance of systems in three stages of the file: file opening, file organization, and file management. II. Opening the File Good organization starts right at file opening. The steps taken upon file opening should be designed to help each team member work with efficiency throughout the course of the litigation. The systems implemented at the beginning of a file should be able to grow as the file inevitably will. A. Conflict Check Before a file is even opened it is critical that a conflict check is done to ensure your office is not already acting for one of the parties on the same, or another, matter. To do this properly, obtain the names of all parties and potential parties to the action and run those names through your firm s conflict system. This includes the correct legal spelling as well as any nicknames or aliases. To be extra prudent, it is a good idea to write a memo to the file that this conflict check has been done and to have the responsible lawyer sign off on the names you have searched to ensure the search was done correctly. Once you have determined there is no conflict the file can be opened and the names entered into the conflict system. B. Checklists and Limitation Dates File opening is also the best time to ensure that all checklists and any major diary system entries are taken care of. There will be a more complete discussion of checklists and limitation dates in the File Management section below, including the recommendations of the Law Society with respect to same. C. File Information Sheet At the beginning of a file, steps should be taken to ensure each team member is able to access frequently sought information quickly without having to sort through the file. You should gather basic information about your client and the file and enter it into a file information sheet that will allow for quick access. Whether you keep this information sheet in the physical file or on the computer system (or both) depends on what works for your team. The type of information kept on this sheet will also depend on the type of file you are working on and the types of information your team

5 3 accesses frequently. In addition to contact information for your client and opposing counsel, you may want to include some of the following information: (1) Details of the incident: (a) The date of the accident or injury; (b) Whether liability has been admitted or denied; (c) The limitation date; and (d) Insurance policy limits including excess insurance. (2) Relevant client information: (a) Date of birth; (b) Social Insurance Number; (c) Personal Health Number; (d) Whether the client requires an interpreter and, if so, which language; and (e) Summary of injuries. (3) Document collection information: (a) Treating medical practitioners; (b) Experts; and (c) Name of employer or school. (4) Details of a contingency fee agreement, if there is one (or a copy of same). (5) Important dates and details of same: (a) Examinations for Discovery; (b) Mediation; (c) Trial Management Conference or Case Planning Conference; and (d) Trial. A sample File Information Sheet is attached as Appendix A. A. The Physical File III. Organizing the File The manner in which the physical file is organized should allow team members to locate documents quickly within the file system and minimize misplaced documents (including pleadings and correspondence). At the outset, a file may not contain many documents. During busy times, it may be tempting to only make the subfolder that you need at that exact moment. It is important to plan ahead and organize a file in a way that will allow the file system to grow as the file does. Sometimes, this means creating sub-folders that may remain empty for a period of time. This will save time in the long run when you do need those folders and will prevent documents from being thrown into the bucket loosely or not at all, resulting in file disorganization, or worse, lost documents. Buckets, sub-files and binders should be clearly labelled with the client s name, file number, reference to the subject matter and the initials of the responsible lawyer. You can also include labels on the front of each folder to capture other important information such as limitation dates and other important time frames.

6 4 It is helpful to indicate the subject matter of each sub-file by using a specific colour of file. For example: use a red folder for pleadings, white for correspondence, blue for accounting etc. The colour of each sub-folder should be consistent in all files to allow for quick access. Some sample sub-folders include: Correspondence This sub-folder should be a complete chronological record of all incoming and outgoing correspondence. Pleadings This sub-folder should contain a chronological set of all pleadings filed in the action including Notices of Civil Claim, Responses, Third Party Notices, Lists of Documents, Notice of Trial etc. Accounting This sub-folder should contain invoices for all expenses incurred including court registry agents, court reporters, experts and doctors. This file should also contain all invoices to your client and counsel for another party. At the end of the day this system will make it much easier to create a Bill of Costs and to know which, if any, disbursements have already been paid for. Documents You can also create sub-folders or binders for each category of document i.e. medical, income loss, privileged. Chambers material. Research/law. Depending on the size and complexity of the file you could also create binders for some categories such as pleadings, documents, and even correspondence. Pleadings Especially in large or complex files it can be beneficial to maintain a chronological index of the pleadings as well as a checklist of what has been delivered. In this index, be sure to include the title of the pleading, the party that filed/delivered it, and the date it was filed or dated. When pleadings involve multiple parties you may want to consider grouping the pleadings. If Interrogatories form part of the pleadings, remember to include answers to interrogatories (by affidavit, letter, or otherwise) with the pleadings. A sample pleadings index is attached as Appendix B. 2. Motions Start a motions binder or sub-file as soon as you have served or been served with a Notice of Application and supporting material and add additional material as it is received. When it comes time to prepare for the hearing you will have all the documents easily accessible and preparation of an Application Index will be quick and easy. 3. Examinations for Discovery In preparation for Examinations for Discovery, create a separate folder or binder for each discovery that includes tabs for requests made at discovery (and responses to same), exhibits and lawyer s notes from the discovery. It is prudent to put the original transcript and any documents with the original exhibit stamp on them in a separate folder or envelope to avoid having them inadvertently marked up. Be sure to clearly label this folder as originals.

7 4. Mediation 5 In preparation for Mediation, assemble a mediation folder or binder, with tabbed divisions for the Notice to Mediate, the pleadings, important documents, the mediation summaries and lawyer s notes. 5. Trial When a Notice of trial has been filed/served, immediately prepare a trial preparation checklist or a list of reminders that will lead up to the trial date and ensure you are prepared. As trial approaches, start to assemble a trial binder to help your lawyer prepare. This binder should have an index and can include tabbed divisions such as pleadings, law, opening and closing statements, witness notes for direct and cross examination, witness statements, expert reports an any other sections your lawyer needs. 6. Rule 11-6 Correspondence Keep copies of all correspondence serving expert reports and copies of correspondence from opposing parties serving their expert reports. Prepare an index of experts for all parties which includes the expertise, the date(s) of the report(s), whether the expert has been requested to attend trial, whether the expert has been advised of the trial date, whether there are any objections to the reports and whether an expert s file has been requested. A sample expert index is attached as Appendix C. 7. Keep the File (and Correspondence) Updated In a busy practice it is always challenging to keep the file updated. It is tempting to put off filing correspondence or updating document binders to deal with more urgent matters. While this urge is understandable, it is important to keep the file current. Documents or correspondence that is put to one side for handling at a later date can result in key information being missed when it is needed. Unfiled correspondence and documents can result in a member of the team not being up to date on the status of the file, which can result in duplication of work, unnecessary work being done, or out-of-date information being relied on. This type of practice is inefficient and often creates frustration amongst the team. Correspondence with clients or opposing counsel is often done by telephone call or . Be sure to put a copy of your memo of the conversation (including the date, who you spoke to and matters discussed during the conversation) or in the file so that everyone is aware of ongoing communications. It is especially important to document, in writing, any advice or instructions given to or received from your client. Documenting the events on a file will help to avoid miscommunications or disagreements as to what transpired. B. Organizing Documents While this may be one of the most tedious tasks you will be assigned, it is also one of the most important. Your documents should be organized so that anyone can locate any document in a very short period of time. Always remember the ultimate use of these documents is for presentation in Court. It is very frustrating and embarrassing for counsel if they are unable to locate documents quickly. Once documents have been reviewed for privilege and relevance, separate them and have them clearly marked.

8 6 Number each page including the backs of pages if there is something on the back. Be sure to maintain the integrity of original documents by only marking or punching copies. If the documents are extensive you may want to consider using document management software. It is common for personal injury files to have binders that contain all documents. Ensure that you have a good index to each binder that will allow you to locate documents quickly as well as add more documents later. The indexes for these binders should include the date of the document, a description of the document and the corresponding document number assigned in the List of Documents for all parties. Indexes should also contain headings for each sub-category. Personal injury files are often separated into documents related to accident/liability, medical, income loss, special damages, and privileged. These categories can and should be broken down further depending on the size of the file. For example, in medical and income loss binders, records from a particular hospital, doctor, or employer should be grouped together, preferably in chronological order. See Appendix D for a sample index to a personal injury document brief. C. Document Disclosure It is crucial to keep track of which documents you have provided to third parties, opposing counsel, your client and experts. Documents to Opposing Counsel Opposing counsel is entitled to copies of documents which you have determined to be relevant. Not all pages of a document are relevant, nor are all portions of a particular page. Ensure that irrelevant portions of documents are redacted and that you advise opposing counsel of the reason for the redaction. 2. Documents to your Experts Keep track of the documents you send to your experts for review prior to preparation of a report. Prior to sending a document to an expert, ensure it is one that you wish to produce to other counsel. If you provide a privileged document to an expert and he or she relies on that document, then the privilege that attached to that document is said to have been waived. A. Checklists and Limitation Dates Limitation Dates IV. Managing the File There are many dates to be aware of in a personal injury practice. Some of these are dictated by the Civil Rules, such as the date by which a List of Documents is due. Other dates are dictated by legislation, such limitation dates. If your firm s main bring forward system is computerized, the Law Society highly recommends a back-up manual system be used as well. In a personal injury action the limitation date for bringing an action is two years from the date the cause of action arose.

9 7 The rules for calculating limitation and other important dates are set out and broken down in Appendix E. 2. Bring Forward System A good bring-forward system is crucial to effective file management. There are many things that staff are required to remember and follow up on during any particular day. It is highly recommended that you do not rely on your memory for anything. No matter how good your memory is you will eventually forget something. Getting in the habit to diarize everything that must be followed up on will prevent files from being accidentally neglected and you will avoid missing important limitation dates. In addition to limitation dates, you should be in the habit of scanning all correspondence (including s) that you send out to determine whether there is anything that needs to be followed up on. For example: Did you request instructions from you client? Did you request a document? Do not rely on other people to do what you have asked them to do; diarize to ensure the instructions or document was received. If not, follow up. Diarizing these items and following up accordingly will ensure that nothing falls through the cracks and will prevent unnecessary delays in the file. A system should be worked out between the lawyer and staff to ensure that someone is following up on correspondence sent out by the lawyer (including s). It does not matter whether it is the lawyer, paralegal, or assistant as long as it gets done. In order to ensure continual progress on a file it can be helpful to diarize certain tasks that are standard on every file such as setting Examination for Discovery and trial dates, booking trial dates with Trial Division, considering mediation, retaining experts, preparing for Examination for Discovery/mediation/trial, requesting updated documents etc. B. Trial Preparation Once trial dates have been confirmed reminders should be set to ensure you will be ready when the big day arrives. Trial preparation can and should be started at least 18 months prior to the commencement of trial. Each task should have multiple reminders and reminders should be set prior to, not on, the final due date. See Appendix F for a list of important dates set out by the Civil Rules and the corresponding applicable Rules. C. Documents Documents are the foundation of litigation as we know it. Documents are the evidence that we use to prove or disprove facts at trial. With the types of technology we have these days a document is more than just a piece of paper. Rule 1-1(1) sets out the definition of a document as follows: includes a photograph, film, recording of sound, any record of a permanent or semipermanent character and any information recorded or stored by means of any device. Types of Documents The following are basic document categories common to personal injury files, although you may not require all categories for every file: (a) Liability (i) Police file (ii) Fire department file

10 (b) (c) (d) (e) (f) 8 (iii) Accident reconstruction and engineering reports (iv) Photographs of the vehicle damage or accident site (v) Site plan or floor plan (vi) Construction diagrams or blueprints (vii) Statements from parties and/or witnesses (viii) Vehicle damage information Medical (i) Injury photographs (ii) Ambulance reports (iii) Medical Services Plan and PharmaNet printouts (iv) Clinical records of treating hospitals (v) Clinical records of treating doctors, specialists, physiotherapists, massage therapists, etc. (vi) Rehabilitation reports (vii) Expert reports Employment or School (i) Income tax returns (personal and business) (ii) Financial Statements (iii) Record of Employment (iv) Personnel files from employers (v) Resume (vi) Professional awards (vii) Employment Insurance file (viii) Social Assistance file (ix) Short/Long term disability file (x) WorkSafe BC file (xi) Educational records Miscellaneous (i) Volunteer records (ii) Any records that prove a loss of opportunity (for example, the client was offered a job but had to decline due to his or her injuries) (iii) Any records that show a delay of education Part 7 Receipts/Special Damages Privileged (i) Expert reports (ii) Investigative reports (iii) Surveillance reports When collecting documents it is important to determine what documents should exist verses what you already have and then go about collecting the missing documents. For example, if your client tells you she went to Vancouver General Hospital via ambulance you should make sure to obtain the ambulance records as well as the hospital records. See Appendix G for a checklist of documents to consider collecting. 2. Obtaining Documents Authorizations are required to obtain most types of documents in a personal injury matter. The types of documents that are most often required in a personal injury file are discussed below.

11 a. Medical Documents 9 BC Ambulance Patient Care Reports, hospital records, clinical records, and medical reports all form the basis of your client s claim of injuries. It is important to look at these records to ascertain whether the plaintiff s claims are substantiated or not or whether there are other causes for his or her medical complaints. b. Employment and Education Documents These documents go to prove or disprove the plaintiff s claim of economic loss including a loss of income or income earning capacity, delay of education and possibly a loss of income earning opportunity. i. Employee Files These records include the plaintiff s résumé, application for employment, Record of Employment, pay history (including rate of pay, overtime, and raise information), attendance records, and even personnel files. These records will assist in establishing or investigating any past and future wage loss claims the plaintiff may have. Pay history records will, hopefully, show an income earning history. From there, one can estimate the amount the plaintiff would have earned had he or she not taken time off after the injury. Attendance records are a concrete record of what time the plaintiff had off following an injury. Used in conjunction with pay history information, these records will also help to establish the past income loss amount. Personnel files will either bolster or undermine the plaintiff s income loss claim. The claim can be bolstered if the file includes performance evaluations, notes or memorandums that confirm the plaintiff was a good worker that was valued and possibly even that the plaintiff was likely to advance at the workplace and earn raises in the future. Alternatively, personnel files can do just the opposite, which would set up defence counsel for an argument that the plaintiff was not going to maintain his or her employment in any event. ii. Revenue Canada Revenue Canada records can include personal or business income tax returns, or both. If an income tax return was filed electronically, only a computer printout will be available. This type of return contains less information than a certified return. It is always preferable to obtain a certified tax return when available. Businesses are also required to submit Financial Statements along with their income tax returns. Financial Statements show the basis for calculating certain items within a corporate tax return. If the plaintiff is claiming losses from a corporation it is important to obtain these records to show the income flow and history of the business. Personal and business income tax returns and Financial Statements will go a long way in establishing an income earning history, which will then help in estimating what the plaintiff s past and future losses were and will be. iii. School Records Primary, secondary and post-secondary school records will help to establish the foundation for claims under two possible heads of damage. First, they will be necessary to establish a delay in education claim. Second, medical experts will compare grades, teacher comments, and intelligence test results from prior to the injury with those post-injury in order to determine whether the plaintiff has suffered a brain injury.

12 10 In both cases, you should obtain a permanent school record card, a transcript or grade history with comments, if possible, intelligence tests, attendance records, and special assessments. Sometimes school records will include documents that show the reasons for withdrawal from a class, which is also relevant. iv. Other When the plaintiff has claimed a loss of opportunity, the types of documents you should gather will depend on the opportunity. An example of this type of claim would be if the plaintiff bought a house prior to the injury intending to fix it up and flip it for profit. If the plaintiff s injury meant that he or she was unable to complete renovations and was forced to sell the property for less than what was intended, then you would want to collect documents that prove these claims. c. Police Records To obtain complete police files you need to obtain a court order. In practice, law offices usually prepare a Consent Order and have it signed by the authorized representative at the police detachment. The RCMP, Vancouver Police Department and most other individual City police departments have its own form of Consent Order, which contains the terms that it will agree to. Prior to circulating a Consent Order for signature, it may be prudent to ask the relevant detachment for its form of order. V. Conclusion Maintaining a personal injury file with an organizational system may seem like a lot of work when you are busy in the moment but it will save staff and the lawyer time in the long run. In a law firm setting, time is, literally, money. Your lawyer, firm and client will appreciate when the organization of a file aids in maximum efficiency.

13 11 File Name: File No.: Incident Date: Liability: Policy Limits: Fast Track VI. Appendix A Sample File Information Sheet Limitation Date: Admitted/Denied Small Claims Client: [Name and contact information] Opposing Counsel: [Name and contact information] Examination for Discovery: Party being examined Date Location Mediation: Date: Time: Location: Offers to Settle: Date: Amount: Party: Advances: Date: Amount: Trial: Date: Number of Days: Jury Notice Filed By: Client Information Female/male Age: Language: General Practitioner: Specialists: Summary of injuries: DOB: SIN: PHN: DL: Occupation: Employer/School: Fee Schedule:

14 12 VII. Appendix B Sample Pleadings Index No. Date Document Issuing Party Notice of Civil Claim Plaintiff Responses Third Party Notices Lists of Documents Appointments to Examine for Discovery Orders Miscellaneous [Case Plan Proposals, Notice to Mediate, Notice of Trial, Jury Notices, Trial Briefs, Witness Lists, etc...] Motion Materials

15 13 VIII. Appendix C Sample Expert Index

16 14 IX. Appendix D Sample Index to Document Brief TAB DATE NAME/DESCRIPTION Doc # CLAIMS FILE MATERIAL LIABILITY VEHICLE DAMAGE MEDICAL MEDICAL SERVICES PLAN PRINTOUTS PHARMANET PRINTOUTS [GENERAL PRACTITIONERS] [SPECIALISTS] [PHYSIOTHERAPISTS, CHIROPRACTORS, MASSAGE THERAPISTS] INCOME LOSS INCOME TAX RETURNS [EMPLOYMENT DOCUMENTS] SPECIAL DAMAGES PRIVILEGED

17 15 X. Appendix E Rules for Calculating Limitation and Other Important Dates Counting Time Where are the rules for calculating time? According to Rule 1-1(2) of the Supreme Court Civil Rules, the rules for calculating time and interpreting certain phrases are set out in the Interpretation Act R.S.B.C. 1996, ch. 238: (2) Unless a contrary intention appears, the Interpretation Act and the interpretation section of the Supreme Court Act apply to these Supreme Court Civil Rules. How is time calculated? Section 25 of the Interpretation Act and Rule 22-4 of the Civil Rules set out various rules on how to calculate time or age. See the Table 1 on page 3. What is a holiday? Section 29 of the Interpretation Actdefines a holiday as: Sunday Christmas Day Good Friday Easter Monday Canada Day Victoria Day British Columbia Day Labour Day Remembrance Day Family Day New Year s Day December 26, and a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday (i.e. Thanksgiving Day) What is a month? What is a year? Section 29 of the Interpretation Act sets out the definitions of month and year : month means a period calculated from a day in one month to a day numerically corresponding to that day in the following month, less one day Example: One month from July 15, 2013 is August 14, 2013 year means any period of 12 consecutive months calendar year means a period of 12 consecutive months beginning on January 1

18 16 dominical year means a period of 12 consecutive months beginning on January 1 of that dominical year Example: A reference to 2013 means January 1, 2013 But, what about Applications? In Part 8 Applications, the time periods are calculated using business days. Section 1 of Rule 8-1 sets out the definition of business day : business day means a day on which the court registries are open for business Example: Application materials must be served at least 8 business days before the date set for the hearing. The hearing is set for July 26, July 15 Is the last day to serve application materials and may not be counted July 16 Day 8 July 17 Day 7 July 18 Day 6 July 19 Day 5 July 20 is a Saturday; may not be counted July 21 is a Sunday; may not be counted July 22 Day 4 July 23 Day 3 July 24 Day 2 July 25 Day 1 July 26, 2013 hearing date; is the first day and may not be counted

19 17 Table 1 Interpretation Act Subsection If Then Example (2) Time falls or expires on a holiday (3) Time falls or expires on a day when the office is not open during regular business hours (4) Time is expressed as: clear days at least not less than a number of days, weeks, months or years (5) The calculation of time is not expressed as referred to in subsection (4) (6) Time ends on a day in a month that has no date corresponding to the first day of the period of time The time is extended to the next day that is not a holiday The time is extended to the next day that the office is open The first and last days must be excluded The first day must be excluded and the last day included The time ends on the last day of that month If the calculation of time expires on July 1, 2013 (Canada Day), the time is extended to July 2, 2013 If the calculation of time expires on Sunday, July 7, 2013, the time is extended to Monday, July 8, clear days from July 15, 2013: July 15 is the first day and may not be counted July 16 is Day 1 July 17 is Day 2 July 18 is the last day July 16 and 17 are the clear days between the first day and the last day 2 days from July 15, 2013: July 15 is the first day and may not be counted July 16 is Day 1 July 17 is the second day and last day and may be included 2 months from July 31, 2013 is September 30, 2013

20 18 Civil Rules 22-4 A period of less than 7 days is set out by the Rules or an Order of the Court Holidays are not counted 6 days from June 26, 2013: June 26 is the first day and may not be counted June 27 is Day 1 June 28 is Day 2 June 29 is Day 3 June 30 a Sunday (holiday) and may not be counted July 1 is a holiday and may not be counted July 2 is Day 4 July 3 is Day 5 July 4 is the 6 th day and last day

21 19 XI. Appendix F List of Limitation Dates from the Civil Rules Task Deadline Applicable Rule File Response to Civil Claim Within 21 days after served with Notice of Civil Claim (if served in Canada) 3-3(3) 2. Apply for a trial date with Trial Division Within 8 months of the action being placed in Fast Track, if applicable 15-1(13) 3. File Third Party Notice Within 42 days after being served with Notice of Civil Claim or Counterclaim (or at any time with leave of the Court) 4. Serve Third Party Notice If Third Party was not previously a party to the action: Within 60 days after the Third Party Notice is filed (along with a copy of any filed pleading that has previously been served by any party to the action) On all parties of record: Promptly after Third Party Notice filed 3-5(4) 3-5(7) 5. Serve List of Documents Within 35 days after end of pleading period 7-1(1) 6. File and serve Notice Requiring Trial by Jury Within 21 days after service of Notice of Trial but at least 30 days before trial 12-6(3) 7. Book dates for Trial Management Conference Must be heard at least 28 days prior to Trial 12-2(1) 8. File and serve Trial Brief At least 7 days prior to Trial Management Conference 12-2(3) 9. Serve expert reports At least 84 days prior to Trial 11-6(3) 10. Serve responding expert reports At least 42 days before scheduled Trial date 11-6(4) 1 Pay jury fees At least 30 days prior to Trial 12-6(3)(b) 12. File and serve on every other party of record a List of Witnesses 13. Serve notice of any objection to admissibility of expert evidence 14. File a Trial Record (if you filed the Notice of Trial) At or prior to the date of the Trial Management Conference or 28 days prior to the scheduled Trial date, whichever is sooner At or prior to the date of the Trial Management Conference or 21 days prior to the scheduled Trial date, whichever is sooner At least 14 days but not more than 28 days before Trial *Serve on all parties of record promptly after filing 7-4(1) 11-6(10) 12-3(3) 15. File and serve Trial Certificate 16. Serve intention to introduce into evidence at trial a plan, photo, or object, At least 14 days but not more than 28 days before Trial 12-4(2) At least 7 days prior to Trial 12-5(10)

22 20 if necessary 17. Serve intention to call adverse witness At least 7 days prior to attendance of witness 12-5(21)

23 21 XII. Appendix G Sample Checklist of Documents to Collect Liability/Accident Police file Scene photographs Site or floor plan Construction diagrams or blueprints Vehicle damage photographs Vehicle damage repair estimates ICBC (or other insurer) file Insurance policy of your client and other parties Statements from the parties and witnesses Fire Department file Accident reconstruction and engineering reports Medical BC Ambulance Patient Care Report Hospital records Medical Services Plan printout PharmaNet printout General practitioner records Specialist records Rehabilitation records (physiotherapy, massage therapy, chiropractor, acupuncture) Coroner s file Injury photographs Extended health file (including records regarding long and short term disability) Income Loss Personal income tax returns Business income tax returns Business Financial Statements Other business documentation Employment file Record of Employment Résumé Professional awards Employment Insurance file Social Assistance file WorkSafe BC file Special Damages Receipts for all special damages