(This Client Guide provides general information on words commonly used by lawyers as part of the litigation process.)

Lawyers use a number of words in describing steps or concepts as part of a lawsuit, often assuming that they have explained their technical meaning to clients. In order to overcome any failures to explain, here is an alphabetical list of words which have a specific legal connotation when used to describe the litigation process. We have tried to provide links from our other litigation Client Guides to this lexicon.

Action is the principal means of commencing legal proceedings in Ontario. The process is started by issuing a statement of claim or notice of action. The parties are called plaintiff and defendant. The court hearing to determine the issues in the action is called a trial. Evidence at a trial is typically provided by the oral evidence of witnesses, although the Rules provide for evidence by way of affidavit, transcripts of examination for discovery and other, less-frequently used, means.

Affidavit is a written statement of facts to be used as evidence on a hearing. It is usually based on personal knowledge, but in some cases, a deponent can include information obtained from others if the source of the information and a statement of a belief in the truth of the information is included in the affidavit. Often exhibits are attached or referred to and marked as part of the affidavit. The statement is sworn or affirmed and subject to the penalty of perjury if untrue.

Appeal is a procedure in which a higher level of court reviews a decision of a lower level of court. The rights of appeal and timing are regulated by the Rules and statutes. In some cases, permission or leave of the court is required before an appeal can be launched. In other cases, this preliminary level of review is not required and the appeal may be made as of right. Leave is obtained by motion for leave. If leave is granted, and in cases where leave is not required, the appeal is commenced by serving a notice of appeal (Form 61A or Form 62A). As a verb, appeal or appealing is used to describe the act of bringing an appeal.

Appellant is the party who was unsuccessful and wishes to appeal an order or judgment or a portion thereof. The opposite party in an appeal is known as the respondent.

Applicant is the party who initiates an application. The name of the applicant will appear in the title of proceeding of the application. The term is sometimes colloquially used to refer to a moving party on a motion or even to a plaintiff but such references are no longer correct.

Application is a specific form of proceeding that is authorized by certain statutes or circumstances. It is a word which is often used colloquially, but inaccurately, to refer to a motion or generally to a court proceeding; i.e. I have made an application to the court when the speaker meant that a legal action had been commenced. An application is a different form of process than an action. An application is commenced by a form entitled notice of application (Form 14E), rather than by statement of claim or notice of action. There are no pleadings in an application. The parties are called applicant and respondent, rather than plaintiff and defendant. There is no trial but there is a hearing at which the issues are dealt with by the court. The principal source of evidence on an application is usually affidavit evidence, rather than the oral evidence of witnesses. Applications are commonly used to construe the rights of parties under a lease or other documents, for advice and directions concerning the interpretation of a will or a civil remedy under the Charter of Rights and Freedoms.

Bill of Costs is the itemized list of costs claimed by a successful party against the other party as a result of a costs order after a hearing.

Case Conference is a hearing convened by the court in case management matters to identify issues and determine which of them are contested, resolve procedural disputes, explore possible settlement, and create or amend a timetable for the steps in the proceeding to be completed.

Case Management is a regime of intense judicial oversight of the legal proceedings with a view to having them proceed more promptly towards, settlement, trial or other disposition. The stated purpose of the case management rules is to reduce unnecessary cost and delay in civil litigation, facilitate early and fair settlements and bring proceedings to a just determination while allowing sufficient time for the conduct of the proceedings. See the Case Management Client Guide for a more detailed explanation of the case management process.

Charter of Rights and Freedoms or Charter is the federal statute which forms part of the Canadian constitutional documents and guarantees certain rights to all Canadians.

Commercial Court is a separate panel of judges of the Superior Court of Justice and administrative staff in Toronto which deals with matters relating to commercial matters in an effort to process such cases more expeditiously. The term Commercial List is also used as a reference to this court and cases to be heard by it.

Contribution is a remedy under which one party may be required to pay a portion of (or contribute to the payment of a portion of) the damages awarded against another wrongdoer where the one party has been found to be partially responsible for causing the damages or has agreed by contract to become partially responsible to the other wrongdoer in such circumstances. It is related to the remedy of indemnity and the two are often spoken of together as contribution and indemnity. Claims for contribution and indemnity are usually asserted in a crossclaim or third party claim.

Costs is a term to describe the Ontario form of a "loser-pay" costs regime. Subject to a discretion in the court and whether or not settlement offers have been made, an unsuccessful party has to pay a portion of the legal expenses of the successful party. The amount of these costs can be fixed (ordered in a specific amount by the presiding judge) or the judge can order that they be assessed in accordance with a fairly complex schedule called the tariff. Such costs are paid either on a party and party scale or a solicitor and client scale.

Counterclaim is a pleading used by a defendant to make a claim against a plaintiff (and possibly other parties). It sets out a short description of the relief sought in the counterclaim and the material facts on which the counterclaim is based. Where the counterclaim is against a plaintiff and others who are already parties to the action, Form 27A is used and the counterclaim is added to the statement of defence. If the counterclaim is against the plaintiff and others who are not already parties to the main action, Form 27B is used. Form 27B must be issued at the court office. Form 27A does not have to be issued.

Court of Appeal for Ontario is the appeal court for matters involving more than $25,000.

Crossclaim is the name given to the document in which a defendant asserts a claim against another defendant. It is usually found in situations where one defendant wishes to assert that another defendant is partly or wholly responsible to satisfy the claims of the plaintiff. The prescribed form is Form 28A.

Cross-examination at trial refers to the questioning of a witness by a lawyer other than the lawyer who called the person as a witness. The scope and method of questioning is much broader in a cross-examination than in examination in chief. Cross-examination prior to trial refers to an examination out of court, usually on an affidavit filed in the proceedings. It takes place in the presence of counsel for all parties and a transcript is prepared of the questions and answers. The transcript may then be used as evidence on a motion.

Declaration is a form of remedy in which the court, after the hearing of the arguments of the parties, determines or declares the rights or entitlements of a party. A typical declaration might be along the following lines: This court orders and declares that X is the owner of the property municipally known as 123 Main Street, Toronto, Ontario and that Y has no rights to the possession or occupation of it.

Defence to counterclaim is a pleading and the document in which the defendant to the counterclaim sets out the material facts on which the defence to the counterclaim of the plaintiff by counterclaim is based (The plaintiff by counterclaim is always a defendant in the main action.) The prescribed form is Form 27C. The party who serves the defence to counterclaim is known as the defendant to the counterclaim (The plaintiff in the main action where there is a counterclaim is always also identified as a defendant to the counterclaim.)

Defence to crossclaim is a pleading and the document in which one defendant sets out the material facts on which the defence to the crossclaim brought against him by another defendant is based. The prescribed form is Form 28B.

Defendant is the party who against whom relief is sought in an action. The name of the defendant will appear in the title of proceeding on every pleading.

Delivery means the serving and filing of a pleading or document.

Deponent is the person who attests to the accuracy of the statements which he or she makes in an affidavit. A deponent may verify the contents by swearing or affirming (an act which binds the conscience of the deponent to tell the truth). Either swearing and affirming subjects the deponent to a penalty of perjury if the statements are untrue. Affidavits executed in Ontario for use in Ontario courts may be sworn or affirmed in the presence of a commissioner for taking affidavits or a notary public. Every Ontario lawyer entitled to practise is both a commissioner for taking affidavits and a notary pubic Most affidavits executed outside Ontario for use in Ontario courts must be sworn or affirmed before a notary public in the other jurisdiction, although there are some consular and other exceptions.

Divisional Court This court is a branch of the Superior Court of Justice that hears judicial review applications and appeals from trial judgments involving $25,000 or less. Typically, evidence in the Divisional Court is by affidavit, rather than the oral evidence of witnesses. Appeals from certain statutory administrative tribunals, such as the Ontario Municipal Board, are also heard by this court.

Estate Court is a separate panel of judges of the Superior Court of Justice and administrative staff in Toronto which deals with matters relating to wills and estate matters in an effort to process such cases more expeditiously.

Examination in aid of execution or judgment debtor examination is an opportunity to examine a person (judgment debtor) against whom the examining party (judgment creditor) has obtained a judgment under oath to determine what assets, if any, the person has to satisfy the judgment and whether or not the person has improperly disposed of any assets.

Examination for discovery refers to examination either orally or by written questions of the opposite party. Examination by written questions is not as frequently used in Ontario as the oral examination. In Ontario, a party can either be examined orally or by written questions, but not both, at the election of the examining party. This is unlike the interrogatory procedures found in some other jurisdictions. For the most part, a party is entitled to a single examination of a single representative of a party, again unlike other jurisdictions where pretrial depositions of witnesses are common. For a more complete description of this process, see our Discovery Guide.

Examination in chief at trial refers to the questioning of a witness by the lawyer calling the person as a witness. The scope and method of questioning is much more restricted than in a cross-examination.

File or filing refers to the act of or fact that an accurate copy of the pleading or document has been deposited with the registrar of the court in the appropriate office. Certain steps require that filings take place in multiple court offices to be effective.

Hearing is the actual audience before the court where the issues are argued by the lawyers or parties. It includes the trial of an action. Such audiences on a motion, application or appeal are referred to merely as the hearing.

Indemnity is a remedy under which one party may be required to pay the damages awarded against another wrongdoer where the one party has been found to be responsible for causing the damages or has agreed by contract to become responsible to the other wrongdoer in such circumstances. Although the word is sometimes used colloquially as a synonym for guarantee, a guarantee is a subset of the concept of indemnity. It is related to the remedy of contribution (the obligation to contribute or pay a part of the damages) and the two are often spoken of together as contribution and indemnity. Claims for contribution and indemnity are usually asserted in a crossclaim or third party claim.

Interlocutory refers to an interim step which is temporary, usually until the trial, that does not finally deal with all issues between the parties. It refers to proceedings and decisions which are made in the course of a lawsuit but which do not finally dispose of a proceeding or the only issue between the parties or do not determine substantive rights. An interlocutory injunction, for instance, is a court order that requires a party to do or refrain from doing certain acts until trial. However, not all pretrial orders are interlocutory; for instance, a successful pretrial motion which results in an order striking out a statement of claim, with no leave to amend, is not interlocutory as it finally disposes of all issues between the parties. Once the statement of claim is struck out, the action is over and the rights of the parties, at least in that action, are finally dealt with. On the other hand, an unsuccessful motion for an order striking out a statement of claim would be interlocutory, since the action continues to trial and there has been no order finally determining the rights of the parties. Since an interlocutory order usually has a different appeal route from a final order, it is often important to determine whether an order is final or interlocutory.

Intervenor is a person who, although a stranger to the proceeding, is granted permission by the court to participate in the hearing in the proceeding.

Judgment is the order of the court after a trial in an action or a hearing in an application.

Judgment creditor is a person who has obtained a judgment against another.

Judgment debtor is a person against whom a judgment has been rendered.

Judgment debtor examination is the former name, still frequently used, of an examination in aid of execution. This is an opportunity to examine a person (judgment debtor) against whom the examining party (judgment creditor) has obtained a judgment under oath to determine what assets, if any, the person has to satisfy the judgment and whether or not the person has improperly disposed of any assets.

Judicial review is a form of court application to challenge the decision of an administrative decision based on the exercise (or purported exercise) of a decision making power found in a statute (statutory power of decision). Most challenges against the government are brought by way of judicial review (closing hospitals etc.). The parties are called applicant and respondent, rather than plaintiff and defendant. There are broad powers to grant interim relief so that injunctions can be issued to preserve rights pending the hearing. Typically evidence in a judicial review application is by affidavit, rather than the oral evidence of witnesses. There is no trial but there is a hearing at which the issues are dealt with by the court.

Limitation Period is the limited time in which you are permitted to commence legal proceedings. It is also often called the prescription period. If you fail to commence legal proceedings within that time period, your claim will be lost forever. Although some limitation periods can be extended on a discretionary basis by a court, most cannot be extended. The general limitation period in Ontario is 6 years. Specific types of claims and claims against certain categories of defendants may be much less. The shortest limitation period is 3 months to sue a municipality for failure to remove ice and snow from a highway. Many limitation sections in Ontario statutes also require that formal notice of a claim be given within a limited time. Failure to give the notice may also effectively bar a claim, although many notice period requirements can be waived by a court if the defendant does not suffer any prejudice as a result of the failure to give notice. Ontario has introduced a new Limitations Act which will replace many (but not all) of the former limitation periods and replace them with a basic two year limitation period (from the time the claimant knew or ought to have known of the claim and an ultimate fifteen year limitation period (from the date of the facts giving rise to the claim.

Motion is the form of audience before the court to determine an interlocutory or interim issue rather than finally determining the issues between the parties. It is commenced by serving a notice of motion (or, motion form in matters subject to case management). Evidence on motions is generally given by way of affidavit. Motions are used to challenge pleadings; i.e. to strike out a statement of claim as disclosing no cause of action. They can also be used to obtain interim relief, such as an interlocutory injunction. Motions are also commonly used to obtain answers to undertakings and question objected to on an examination for discovery. Any time a decision on some matter is required from the court prior to trial, a motion is the method of obtaining a court hearing on that matter. Motions are also used after trial and during appeals to obtain a court ruling on a specific matter. The Rules specifically provide for hundreds of motions during the course of a legal proceeding.

Motion Form is a document used in case management to provide information to the court and other parties about the relief sought, evidence relied on, grounds to be argued and time of hearing. There is also space for the court to write out the decision. It replaces a notice of motion in most case management matters.

Motion Record is the collection of the notice of motion, affidavits, list of transcripts of cross-examinations (sometimes the transcripts also) and other documents to be used on the motion. It provides a convenient single location for all materials on the motion. The documents are bound into as many volumes as are necessary, arranged in a prescribed order, tabbed into appropriate sections and have their pages numbered for ease of reference.

Moving party is the party who initiates a motion.

Notice of action is the originating process for an action where there is insufficient time to prepare a statement of claim. The prescribed form is Form 14C. It contains a very brief description of the relief sought in the action. A slightly modified form (Form 14D) of statement of claim must be filed within thirty days of the issuing of the notice of action.

Notice of appeal is the form used to initiate an appeal. The prescribed form is Form 61A (to an appellate court) or 62A (to a judge). It contains a description of the order or judgment appealed from, the order sought in the appeal, the grounds for the appeal and reference to evidence to be relied on in the appeal.

Notice of Appearance is the document filed by a respondent to an application that formally notifies the applicant that the matter will be contested. In order to file responding materials and participate in the hearing, a respondent must file this document before the hearing date.

Notice of application is the originating process by which an application is usually commenced. It contains a short statement of the relief claimed in the application, the grounds for the application and a list of the evidence to be used on the hearing of the application. The prescribed form is Form 14E. The party who serves the notice of application is known as the applicant.

Notice of Commencement of Proceedings is the initial document served and filed by a plaintiff or applicant in a matter subject to case management. It is Form 77A.

Notice of Defence is the initial document served and filed by the defendant or respondent in a matter subject to case management. It is Form 77B.

Notice of Intent to Defend is the document filed by a defendant. This formally notifies the plaintiff that the action will be defended and extends the time for delivery of a statement of defence for an additional ten days. It is also colloquially called a notice of intent.

Notice of Motion is the form to initiate a motion. The prescribed form is Form 37A. It contains a description of the relief sought in the motion, the grounds for the motion and reference to evidence to be relied on. For case management motions, no notice of motion is necessary and the case management motion form supplies similar information.

Parties is the word used to identify persons and corporations that are named in the title of proceeding or have status at the hearing. In an action, parties are called plaintiff, defendant, and, in some cases, third party, fourth party (and the like for subsequent parties). In an application, parties are called applicant and respondent. On a motion, parties are called the moving party and the responding party. In an appeal, the parties are called appellant and respondent. In all of these proceedings, the court may permit a stranger to the dispute to participate and that party is called an intervenor.

Party and Party Costs, now known as partial indemnity costs, is a form of costs order made between parties to the litigation. Ontario has a form of a "loser-pay" costs regime. Subject to a discretion in the court and whether or not settlement offers have been made, an unsuccessful party has to pay a portion of the legal expenses of the successful party. The judge can order that they be assessed in accordance with a fairly complex schedule called the tariff. The lower scale is called party and party costs. The higher scale is now called substantial indemnity costs, formerly known as solicitor and client costs.

Plaintiff is the party who initiates an action. The name of the plaintiff will appear in the title of proceeding on every pleading.

Pleading or pleadings as a noun is the name given or collectively given to the document or documents in an action which set out the positions of the parties and the facts they rely upon in support of those positions. Pleadings include: statement of claim, statement of defence, reply, counterclaim, defence to counterclaim, reply to defence to counterclaim, crossclaim, defence to crossclaim, reply to defence to crossclaim, third party claim (and fourth party, fifth party and subsequent party claims), third party defence, and reply to third party defence. These documents are often combined, where appropriate, such as, statement of defence and counterclaim. In family law matters pleadings include a petition for divorce, joint petition for divorce, answer, reply, counterpetition, answer to counterpetition and reply to answer to counterpetition. As a verb, pleading is used to describe the act of preparing the appropriate document or relying on its contents, as in the plaintiff is pleading that there was contributory negligence meaning that the statement of claim includes a claim of contributory negligence.

Proceeding or legal proceeding is the formal commencement of a lawsuit by issuing an originating process in the office of the court. The main form of proceeding is called an action. The principal alternative to an action is a legal proceeding called an application. Legal proceedings also includes actions commenced by counterclaim, crossclaim, third party claim and subsequent party claims, divorce petitions and counterpetitions.

Registrar is the senior administrative officer of the court. Each local office of the Superior Court of Justice also has a local registrar who is in charge of the administrative functions of court office. The registrar is also given certain powers and responsibilities in the administration of cases. For instance, where no defence has been filed, the registrar can sign judgment in certain cases without the necessity of a court hearing before a judge. A registrar can also dismiss cases in certain situations. The court official who sits in the courtroom with the judge during trials and hearings is also often referred to as the registrar.

Reply is a pleading and the document in which the plaintiff sets out any additional material facts which respond to the issues or facts raised in the statement of defence. A reply is not required in all cases; it is only in a proceeding where new facts or positions which would otherwise take the defendant by surprise, that a reply is needed. The prescribed form is Form 25A.

Reply to defence to counterclaim is a pleading and the document in which the plaintiff by counterclaim sets out any additional material facts which respond to the issues or facts raised in the defence to counterclaim. A reply to defence to counterclaim is not required in all cases; it is only in a proceeding where new facts or positions which would otherwise take the defendant to the counterclaim by surprise, that a reply is needed. The prescribed form is Form 27D.

Reply to defence to crossclaim is a pleading and the document in which the crossclaiming defendant sets out any additional material facts which respond to the issues or facts raised in the defence to crossclaim. A reply to defence to crossclaim is not required in all cases; it is only in a proceeding where new facts or positions which would otherwise take the defendant to counterclaim by surprise, that a reply is needed. The prescribed form is Form 28C.

Reply to third party defence is a pleading and the document in which the defendant sets out any additional material facts which respond to the issues or facts raised in the third party defence. A reply to third party defence is not required in all cases; it is only in a proceeding where new facts or positions which would otherwise take the third party by surprise, that a reply is needed. The prescribed form is Form 29C. Subsequent party replies use the same form.

Requisition is a form filed with the court office to request something be done by the court officials. To obtain a copy of a document filed with the court, to request that the court sign default judgment or to obtain a writ of execution, for instance, a party must file a requisition with the court to establish a paper record of the request. It is Form 4E.

Respondent is the party who against whom an applicant seeks relief or who has an interest in the issues in an application. The name of the respondent will appear in the title of proceeding of the application. The term is sometimes colloquially used to refer to a responding party on a motion or even to a defendant but such references are no longer correct. The party who has obtained an order or judgment against which the appellant is appealing in an appeal is also called a respondent.

Responding party is the party against whom a moving party seeks relief in a motion. The term respondent is sometimes colloquially used to refer to a responding party on a motion but such references are no longer correct.

Rules or The Rules or the Rules of Civil Procedure is a set of 77 rules, with many subrules , that governs the conduct of proceedings, including judicial review applications and appeals in Ontario courts in civil matters.

Serve or service or serving means the act of or the fact that an accurate copy of the pleading or document has been provided to another party of the lawyer for another party. Where the proceeding is underway and the opposite party is represented by a lawyer, service may be effectively made by personally delivering, mailing, faxing, couriering or emailing a copy of a pleading or document. Statements of claim, notices of application and other documents which initiate the legal process must be personally served or served by a permitted alternative to personal service.

Settlement Conference is used in case management proceedings and is similar to a pretrial conference in other matters. Its purpose is to explore the possibility of settlement in an informal hearing with a judge of the court. All parties must submit a pretrial conference brief outlining the issues, state of the proceedings and settlement prospects.

Simplified Procedure is a streamlined procedural code for cases involving less than $50,000 governed by Rule 76. There is no examination for discovery in a simplified procedure case.

Small Claims Court This is court hears all cases where the amount in dispute is $10,000 or less. Disputes involving more than $10,000. are dealt with by the Superior Court of Justice. Disputes are often heard without a lawyer.

Solicitor and Client Costs, now known as substantial indemnity costs, is generally considered the highest scale of recovery of costs between parties to the litigation (there is an arcane legal debate about whether or not an even higher scale called solicitor and his (or her) own client scale exists). Ontario has a form of a "loser-pay" costs regime. Subject to a discretion in the court and whether or not settlement offers have been made, an unsuccessful party has to pay a portion of the legal expenses of the successful party. The judge can order that they be assessed in accordance with a fairly complex schedule called the tariff. The lower scale is called partial indemnity costs, formerly known as party and party costs.

Statement of claim is a pleading and the originating process by which an action is usually commenced. It contains a short statement of the relief claimed in the action and the material facts on which the action is based. The prescribed forms are Form 14A (general actions), 14B (mortgage actions) and 14D (where a notice of action was used to commence the action). The party who serves the statement of claim is known as the plaintiff.

Statement of defence is a pleading and the document in which the defendant sets out the material facts on which the defence to the claim of the plaintiff in the action is based. The prescribed form is Form 18A. It is also often called simply the defence. The party who serves the statement of defence is known as the defendant.

Style of cause is a colloquial means of referring to the heading at the top of each pleading which contains the name of the court, court file number and names of the parties and a description of their status (plaintiff, applicant, appellant etc.). This now properly called the title of the proceeding or title of proceeding, although it was known as the style of cause under the former rules and the description continues to be frequently used.

Superior Court of Justice This is the principal trial court in Ontario for actions and applications for all matters where the amount in dispute exceeds $10,000. Disputes involving less $10,000. or less are dealt with by the Small Claims Court.

Supreme Court of Canada is the highest level of appeal court in Canada. Civil appeals require leave or permission to be obtained before an appeal can be made to this court.

Tariff is the chart of fees and disbursement items which a successful party can recover when a costs award is made in his or her favour and costs have to be assessed (when costs are fixed in a specific amount by the presiding judge, there is some flexibility to depart from the tariff items). When a party is preparing the bill of costs which outlines the costs claimed, it is organized to reflect the amounts claimed for each tariff item.

Third party is used to describe a person, not already a party to the action, against whom a defendant seeks some form of relief related to the action between the plaintiff and defendant. It is also used to refer to the proceeding itself, as in third party action or third party proceedings. Where a third party seeks further relief against another person, not already a party to the main action or third party action, that person is called a fourth party. Subsequent parties are named ordinally as required. Third and subsequent parties, in addition to defending the claim brought against them, may enter defences to any preceding level of claims. Third and subsequent parties are most commonly found in construction and product liability cases where there are many people who may have contributed to the damages claimed by the plaintiff.

Third Party Claim is a pleading and the document in which a defendant sets out a claim against a person, not already a party. Form 29A is the form used for a third party claim and any subsequent party claims.

Third Party Defence is a pleading and the document in which the third party sets out the material facts on which the defence to the third party claim brought against him by a defendant is based. The prescribed form is Form 29B. Subsequent party replies use the same form.

Timetables are used by the court, particularly in case management, to ensure that the necessary procedural steps are completed in a timely way. Initially the timing is usually arranged with the consent of the parties' solicitors. As amendments are required or where the parties do not adhere to the established timetable, the court becomes more directive about timing.

Title of proceeding or title of proceedings or title of the proceeding or style of cause means the heading at the top of each pleading which contains the name of the court, court file number and names of the parties and a description of their status (plaintiff, applicant, appellant etc.).

Transcripts are a written record of proceedings or the questions asked and answers given in an examination. Prior to trial, this examination may take the form of a cross-examination or examination for discovery. In addition, a written record of the proceedings at a trial may be kept in this form. After trial, an examination in aid of execution may be conducted by the successful party against the judgment debtor and a transcript prepared of this.

Trial Management Conference is a hearing convened by the court in case management matters to deal with administrative matters relating to the trial. The judge will usually canvass with the solicitors for the parties: the names of witnesses and the substance of their expected testimony, admissions that can facilitate proof of non-contentious matters, alternative methods of presenting evidence, such as the filing of affidavits or reports, expeditious means for evidence presentation and provide directions that will facilitate the orderly and expeditious conduct of the trial.