California Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. 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.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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FAQ

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.

The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.

3. Pretrial activities in a criminal case Discovery. Settlement agreements. Motions. Preliminary hearing.

The defendant appears before a magistrate judge to be formally advised of the charges, and to enter not guilty plea ? this is called an arraignment. If plea is later changed to guilty, a hearing is scheduled before the District Judge for the defendant to enter the guilty plea.

If the judge determines that there is not enough evidence some charges may be dropped, or the case may not move forward to trial. If the judge determines that there is enough evidence, the defendant will be ?held to answer? for the charges and the case will move forward.

The Arraignment The defendant may then respond to the charges by entering a plea. Common pleas include guilty, not guilty, or no contest (also known as ?nolo contendere?). Not Guilty means the defendant says he or she did not commit the crime.

After the arraignment, there's a pretrial period. During this time, the prosecutor and the defendant's lawyer share information (called discovery). There are court dates to try to reach an agreement or make plans for trial. Either side can also ask the judge to make a decision about the case (file a motion).

At the readiness conference: (1) All trial counsel must appear and be prepared to discuss the case and determine whether the case can be disposed of without trial; (2) The prosecuting attorney must have authority to dispose of the case; and. (3) The defendant must be present in court.

The Arraignment is the formal accusation of the defendant where a plea of guilty or not guilty is entered. The defendant does not need to be present if a written arraignment is filed on their behalf by their Attorney.

The court will hold a readiness hearing, known in some cases as an omnibus hearing, sometime between a few weeks to a few days before the scheduled trial date. The purpose of this hearing is to address or resolve pre-trial motions, review discovery, and take care of any other pre-trial matters.

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California Matters that Should be Included in Pretrial Conference Order or Pretrial Order