PEI Small Claims 10-Day Disclosure Rule: Documents You Must Share Before the Settlement Conference
The settlement conference is your first real opportunity to resolve a PEI small claims dispute — but you cannot just show up with a stack of surprise documents. Rule 74, Subrule 13.03(3) requires both sides to share all their trial evidence at least 10 calendar days before the conference date.
What the 10-Day Rule Requires
At least 10 calendar days before your settlement conference, you must serve on every other party — and file with the court — copies of every document you plan to rely on. This includes:
- Contracts, agreements, invoices, and receipts
- Photographs and videos
- Text messages, emails, and written correspondence
- Repair estimates and quotes
- Expert reports or assessments
- Your List of Proposed Witnesses (Form 13A), including each witness's name, address, and a brief description of what they will say
The 10-day count is calendar days, not business days. If your conference is scheduled for a Monday, the deadline is the Friday 10 calendar days before it.
What Happens If You Miss the Deadline
Failing to disclose a document within the 10-day window can have real consequences:
- Evidence exclusion — the settlement conference officer or trial judge can refuse to admit documents that were not disclosed in time
- Cost sanctions — the presiding officer can order you to pay the other party's costs, generally up to $100 unless special circumstances apply
Neither outcome is catastrophic, but having your key evidence excluded at trial because you were a few days late on disclosure is an avoidable mistake.
How to Serve Disclosure Documents
You must serve copies on every other party and file copies with the court registry. Service options include:
- Mail or courier to the address on the other party's Form 8A (Designation of Address for Service)
- Email if the other party provided an email address on Form 8A
- In-person delivery to the other party or their lawyer
Keep proof of service — a courier receipt, email delivery confirmation, or affidavit of personal service.
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Organizing Your Disclosure Package
A well-organized disclosure package makes a strong impression at the settlement conference. Consider:
- Group documents chronologically — from the original agreement through to the dispute
- Number each exhibit — "Exhibit 1: Contract dated June 3, 2026" and so on
- Include a cover page listing all enclosed documents with descriptions
- Make three copies — one for each other party, one for the court, and keep one for yourself
The settlement conference officer reads through these materials to understand the case. Clear, organized documents help the officer see your position quickly.
Practical Timeline
Working backward from a settlement conference date:
| Days before conference | Action |
|---|---|
| 30+ days | Gather all documents, request any records you need from third parties |
| 14 days | Finalize your document list, prepare Form 13A (witness list) |
| 10 days | Serve disclosure package on all parties and file with court |
| 1 day | Review your own and the other party's disclosed documents, prepare discussion points |
Need Help Preparing?
The PEI Small Claims Response Guide includes a settlement conference preparation checklist and document organization worksheets to make sure nothing is missed before your 10-day deadline.
Get Your Free Prince Edward Island Small Claims Response Checklist
Download the Prince Edward Island Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.