Trial

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 223-234

223

Chapter 15 Trial

CHAPTER 15

is chapter details the trial stage in the civil litigation action where the plainti gets

his or her day in court and hopes to tip the scales of justice by proving his or her case on

the balance of probabilities which is the civil standard of proof.

THE TRIAL STAGE

Trial

Judgment

Bill of Costs

ROMANO v. EASTERN CAST IRON CORPORATION

Re: Wrongful Dismissal

We have reached the nal step in Mr. Romano’s action. As you will note from

the judgment, Precedent 15.3, Justice Pinsent found that although Eastern was

justied in dismissing Mr. Romano who was discovered at trial to have had a very

poor disposition, Eastern had not paid him the bonuses that he had rightfully

earned while in their employ. e bonuses amounted to $45,000, and Justice

Pinsent ordered Eastern to pay that amount to Mr. Romano, plus his costs on a

partial indemnity basis, but awarded no other claim. We prepared the bill of costs,

Precedent 15.4, which Justice Pinsent considered and awarded to Mr. Romano.

We have now come to the end of the Romano case.

TRIAL STAGE

e litigation action is now at trial. is means the parties did not settle at the pre-trial conference.

TRIAL BRIEF

e trial brief, Precedent 15.1, is for the lawyer’s use at trial and contains all of the documents the

lawyer will refer to at trial. Distinguish this from the trial record which is for the judge’s use and

which includes only those documents which the Rules of Civil Procedure require to be included.

e trial brief is usually bulky and is, therefore, often placed in three-ring binders or is spiral-

bound. ere is no prescribed form in the rules for trial briefs. Lawyers have personal preferences

in organizing the trial brief. Generally, however, the trial brief is organized chronologically by

category of documents with corresponding tabs.

TRIAL

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