A pre-trial conference with a judge must be held in all cases where the trial will take three or more days. In cases where the trial will take fewer than three days, a pre-trial conference may be held by agreement of all the parties or at the direction of a justice in chambers on application by a party. Normally, counsel for the parties attend pre-trial conferences without the parties.

At a pre-trial conference there is usually discussion about the steps that must be completed before trial, and matters relating to the conduct of the trial (for example, facts that will be admitted, documents that will be put into evidence by agreement, and legal authorities that will be provided to the judge). Often, there is some discussion about the possibilities of a settlement of the action.

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