Preparation for Hearing

Once the preliminary conference is held all steps after that date are directed at getting the matter heard.
Typically, we can get most complicated matters on for trial in approximately 6 to 9 months.
The factors which determine the length of time are typically driven by the parties and not us.
Those factors include:
- whether a jurisdictional issue has to be resolved;
- whether pleadings are required;
- whether the pleadings are adequate;
- whether discovery is required;
- whether the classes of discovery are agreed;
- whether subpoenas are issued;
- whether legal professional privilege or without privilege is asserted;
- whether particular discovery is required;
- how long the parties require to prepare their evidence and how they intend to present same.
In our experience each of the above points can be resolved by a scheduling conference to determine the problem. Once the problem is determined typically we schedule submissions from each party on one week intervals (or longer) with such submissions closing on Thursday. Unless the matter is complicated the parties can expect a decision removing the road block on Monday the following week.
A trial date is ordinarily determined as soon as the parties have completed discovery as this is the most time extensive activity.
If the parties agree earlier then certainly a trial date can be agreed in advance of discovery.

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