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39C.01. The purpose of a mini-trial is to allow the parties to attend before a judge who shall, in private and without receiving sworn or affirmed evidence, give a non-binding opinion on the probable outcome of a trial of the proceeding.
39C.02. Notwithstanding any other rule, a judge in a proceeding may, on his or her own initiative or at the request of a party, order a mini-trial.
Materials used during mini-trial
39C.03. (1) Unless the parties consent or a judge otherwise orders, materials delivered to a judge to be used during a mini-trial shall not be placed in the Court file and shall not be disclosed to the trial judge.
(2) Upon completion of a mini-trial, the judge shall return to the parties or their counsel the materials delivered for the purpose of the mini-trial.
Communications at mini-trial
39C.04. (1) The judge conducting a mini-trial shall not disclose to the trial judge or to another person what positions were taken or what admissions, concessions or opinions were made or given during the mini-trial, and shall not include reference to those matters in a report subsequently filed as to the holding of the mini-trial.
(2) Unless otherwise ordered, no reference to the positions taken or admissions or concessions made by the parties, or to the opinion of the judge, at a mini-trial shall be contained in a brief or other document filed in a proceeding and shall not be referred to or commented on at the trial of that proceeding. A judge may provide an opinion in writing following a mini-trial but it shall not form part of the record of the proceeding or be placed in the Court file.
Mini-trial judge shall not preside at the trial
39C.05. A judge who has heard a mini-trial shall not preside at the trial.