A pre-trial conference is a meeting between both parties before a criminal or civil trial, usually held before a judge or magistrate. It can improve trial quality and speed, settle issues, and discourage wasteful pre-trial activities. Different types of pre-trial conferences include criminal and civil, state, arbitration, and mediation. They can help streamline the case, gather documents, identify witnesses, and set a timetable for further hearings. If the case is not resolved, it may be set for an issue conference.
A pre-trial conference is a meeting of both parties involved in a court case before a criminal or civil trial begins. It is usually held before a judge or magistrate. This type of hearing can be conducted to improve the quality and speed of the trial through careful preparation or to discourage unnecessary and wasteful pre-trial activities. Kick-off conferences may also be held to encourage settlement before the case goes to trial.
These types of hearings are conducted in both criminal and civil cases. A criminal pre-trial conference is intended to settle issues not related to the defendant’s guilt. In most cases, a criminal pre-trial conference is held to decide preliminary matters, such as evidence and testimony. Criminal pre-conferences can also be used for discovery, which is the process of delivering evidence. Discovery issues are often addressed in these hearings.
A civil pretrial conference can help streamline matters of the case and eliminate frivolous claims on both sides. This hearing can also be used to gather documents, identify witnesses, and set the timetable for further hearings. If the requests have been presented by one of the parties before the hearing, the judge or the magistrate can rule on these requests during the preliminary hearing conference. An order might be issued at the end of the conference reflecting any decisions made that will control the future of the case.
One type of preliminary conference is a state conference. Judges use a status conference, sometimes referred to as an advance conference, to handle all aspects of the case and the upcoming trial. This conference is held after the filing of all initial briefs. It is often used to establish a schedule for all preliminary activities. A trial date can be set at this conference.
Arbitration and mediation are also examples of pre-conferences. They are often used to handle child custody disputes. Some jurisdictions may choose this method to facilitate a settlement before the case goes to trial. When a case goes to arbitration, a neutral third party listens to both parties’ arguments and evidence and makes a decision. The mediation process involves a third party assisting both parties in reaching an agreement to address their differences.
Either of the parties involved in the arbitration or mediation can appeal the outcome of the conference. When this happens, the case is referred to the judicial system. A case that has not been resolved through pre-trial conferences may be set for an issue conference in which legal representation from both parties attempts to establish certain facts or points of law that are undisputed. These clauses help shorten the time of a trial because lawyers no longer have to prove these issues in court.
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