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An action can be set for trial after all documentary and oral discovery (including undertakings) and interlocutory applications have been completed. In some cases, actions are set for trial on the condition that examinations for discovery and interlocutory applications will be completed within a specified time.
At trial, the parties call witnesses (including experts) to testify under oath. After all the witnesses have testified, counsel for the parties make submissions to the judge (or jury) with respect to facts that should be found on the basis of the evidence. The judge (or jury) then makes findings of fact on the basis of evidence, and the judge (or jury on the instructions of the judge) applies principles of law to those facts, and renders judgment accordingly.
The amount of time required for a trial depends on the number of witnesses who testify, the length of time in which the relevant events occurred, and the complexity of the factual and legal issues. Usually, at least three days will be required (unless the parties agree on many of the relevant facts). In many actions, five, ten, fifteen or even more days will be required.
The length of the delay between the date that the action is set for trial and the date that the trial commences will depend on the amount of time required for the trial. If five or fewer days are required, the delay will likely not be more than six months; and if more than five days are required, the delay may be a year or more.
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