After the pleadings have been exchanged, the next step is for the parties to prepare a list of the documents that they may refer to at the hearing. This list is referred to as the “list of documents”.
The documents in the list of documents must be enumerated in a convenient order and be described as briefly as possible.
A convenient way to organise the documents in a list of documents is to list them in chronological order, for ease of reference.
For bundles of documents of a same nature, each bundle should be described sufficiently to be identified (e.g. “Receipts for purchases made in 2014”).
There are two types of lists of documents:
Generally, it is important for a party to list all the documents that the party intends to rely on at trial because failure to do so may preclude the party from entering the document into evidence at trial, unless the document:
- was otherwise referred to in one of the parties’ pleadings or affidavits;
- was produced by one of the parties during an examination for discovery;
- was produced at trial by a witness who, in the Court’s opinion, was not under the control of the party; or
- is used as foundation for or as part of a question during cross-examination or re-examination.
Last updated: October 4, 2018