This form for note-taking is intended to assist the attorney with case preparation during pre-trial conference.
Arkansas Pretrial Conference Notes
State:
Multi-State
Control #:
US-PI-0016
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Any supporting affidavits shall be served with the motion, response, or reply. Failure to satisfy these requirements shall be ground for the court's striking the motion, response, or reply. The court is not required to grant a motion solely because no response or brief has been filed.
P. 12(b)(6) provides for the dismissal of a complaint for "failure to state facts upon which relief can be granted"; these two rules must be read together in testing the sufficiency of the complaint; facts, not mere conclusions, must be alleged. 3. Motions -- motion to dismiss -- test for sufficiency of complaint.
A TRC is a hearing where the attorneys appear in court, exchange discovery (information about the case), and may try to negotiate a disposition of the case. If the attorneys cannot agree to a guilty plea they set a trial date. A TRC could take place several times prior to trial.
Pretrial occurs after an individual has been arrested until the adjudication of their federal case. A pretrial services officer gathers information about the defendant through interviews and record checks to prepare a report for the judge. The judge determines if the defendant can be released or should be detained.
A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the complaint upon the defendant. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 30 days of the date that the pleading asserting the claim is served.
Arkansas Rules of Civil Procedure 30(b)(6). Regardless of his or her county of residence, a witness subpoenaed for examination at a hearing must be properly served with the subpoena at least two days prior to the hearing, or within a shorter time if a court so orders.
Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.
A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the complaint upon the defendant. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 30 days of the date that the pleading asserting the claim is served.