What Form F45 does
The Trial Brief is a structured roadmap for the court. The current form asks for information about disputed issues, positions, witnesses, expert evidence, trial time and matters that may need directions at a Trial Management Conference.
If a Trial Management Conference is scheduled
Current amendments add a TMC-based timetable. Unless the court orders otherwise, the claimant generally files and serves the F45 at least 28 days before the TMC and each other party at least 21 days before the TMC. The relevant timetable therefore depends on the procedural posture of the case, not just the trial date.
Why the brief matters
The Rule allows costs consequences for failure to comply with the filing or service requirements, and a trial can be removed from the trial list if no party files a required trial brief unless the court orders otherwise.
Do not treat it as advocacy alone
A useful F45 is concise and operational. It should accurately identify the actual issues and realistic time requirements rather than exaggerating every disagreement. The form is also a planning tool: it forces parties to identify witnesses, expert issues and time estimates before the final weeks.
Cost planning
Late trial organization is expensive. Preparing a working chronology, witness list, document index and unresolved-issues list before counsel reviews the F45 can make legal review more focused. But the brief can affect trial management, so a self-represented party with a complex case may benefit from limited-scope review.