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Rule 48.14 File Progress Plan Precedent

Rule 48 on calendar

Litigation matters proceed at different rates, and the scheduling and timing of the various steps are fluid. When looking at a file, it can be challenging to know or determine what stage the litigation is at, what has been done, and what needs doing. LAWPRO’s File Progress Plan precedent (PDF format and Word format) can help you set a realistic schedule for the required steps at the start of a matter, and will help ensure those steps are completed by required limitation periods or deadlines as a matter proceeds. Add or change the order of the steps to match what typically happens on your matters. In some cases you will want to adapt it for steps that will occur on an individual file. Ideally, keep the file progress plan in an electronic form so it can be easily updated and accessible to everyone in the firm. It will also work as a paper document that is stapled on the inside front cover of a file.

This precedent is from LAWPRO’s Rule 48.14 Transition Toolkit. It provides advice, forms and checklists that lawyers and law firms can use to lessen the risk of a claim under the new Rule 48.14. You can also download other individual documents from the Toolkit:

  • Firm Transition Checklist: Review this checklist to make sure your firm’s processes and tickler systems are updated to reflect the new Rule 48.14.
  • Individual File Checklist: Use this checklist to determine the dismissal deadline under the new rule and that all relevant tickler systems are updated.
  • Rule 48.14 Transition Training PowerPoint: Use this PowerPoint presentation, which includes detailed speaking notes, to train lawyers and staff on best practices to prevent a Rule 48.14 dismissal.

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