The pre-trial review is the first time you and the plaintiff will attend court for your case. It is an opportunity for you and the plaintiff to see if you can settle the case. Pre-trial reviews are dealt with remotely in the Small Claims Division unless the Court has granted leave for the parties to appear in person. If your case does not settle, the magistrate or registrar will make orders to get your case ready for hearing.
If the claim is about a consumer credit debt, such as a bank loan, credit card or car loan, you should consider External Dispute Resolution (EDR). There are lots of benefits of trying to resolve the dispute through EDR, rather than through court. For more information, see External Dispute Resolution.
Preparing for the pre-trial review
It is important that you prepare your case before going to court for the pre-trial review. Good preparation will save you time and stress. You should:
- read your documents
- your evidence
- consider settlement.
For more information, see Preparing for the pre-trial review.
A subpoena is a court order to a person or organisation to bring documents to the court on a certain date.
You might need a subpoena to get someone to bring documents that you need to court or to get a witness to come to court to give evidence.
You can't file and serve a subpoena unless the court has given you leave (permission) to do this.
If you want a subpoena, you should ask for permission at the pre-trial review. For more information, see Preparing for the pre-trial review.
Going to the pre-trial review
Going to the pre-trial review may be a confusing experience because it is the first time you go to court for your case.
Knowing your case and being open to settlement discussions with the plaintiff may help move your case to hearing more quickly or even settle your dispute. For more information, see Going to the pre-trial review.
If you move, or change your mailing address, at any time during your case, you must notify both the court and the plaintiff. You should do this by filling in Form 76- notice of change of address for service.