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Arizona
Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

Arizona Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

Category:

Civil Procedure - Pretrial

State:

Multi-State

Control #:

US-03362BG

Format:

Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.

The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

This form is a sample of such a case.

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FAQ

You will get a trial date when you have a hearing called a ?Trial Setting Conference?. The judge wants everyone who will be trying the case to be at the hearing. This means your lawyer, if you have one. If you don't, you have to go. The judge sets a trial date for sometime in the next 90 days.

The Final Status Conference is an ideal time to discuss the need and length of Opening Statements, which can take up an inordinate amount of hearing time. Some attorneys want to be certain the arbitrator understands the issues and/or the evidence.

4. Prepare for your civil trial Get familiar with the rules of evidence. Review all the papers filed, evidence, and declarations. Prepare your exhibits and arrange for witnesses. Watch a trial (if possible) Write down what you plan to say and ask at trial. Prepare your jury instructions. Prepare a trial brief.

A settlement conference is a meeting between the parties (and counsel, if represented) during which the parties attempt to settle issues and avoid trial. The conferences are informal and encourage discussion and creative problem solving.

Rules 26(b)(3)(A) and (B) protect communications between the party's attorney and any expert witness regardless of the form of the communications, except to the extent that the communications: (i) relate to compensation for the expert's study or testimony; (ii) identify facts or data that the party's attorney provided ...

In addition to setting a trial date, the court may discuss at the Trial-Setting Conference: (A) the status of discovery and any dispositive motions that have been or will be filed; (B) a date for holding a Trial Management Conference under Rule 16(g); (C) imposing time limits on trial proceedings; (D) using case- ...

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