California Stipulation to Set Pretrial Conference

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Multi-State
Control #:
US-03358BG
Format:
Word; 
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Description

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

Ing to California Rules of Court, rule 3.400, a complex case is: ?An action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties and counsel. ...

Generally speaking, a pre-trial conference is a court hearing where a prosecutor and a defense attorney get together and discuss whether a case is going to go to trial or whether it can be resolved through a plea agreement.

Ing to California Courts, a preliminary hearing is an arrangement (or pre-trial hearing) that decides whether or not there is enough evidence to proceed with the criminal case. As such, it's held before trial and before a judge only. You cannot be found guilty at this point.

In this Stipulation to Continue both sides keep all their legal claims. Which means, if either side does not follow the terms of the stipulation, the original case goes to trial for a judge or jury to decide.

Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...

Generally, after the arraignment, the judge will set another court date. The court date is called different things. It may be a pretrial conference or a settlement conference. These are times for the lawyers to discuss if they can reach a settlement agreement (an agreement to end the case).

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.

Primary tabs. Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

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California Stipulation to Set Pretrial Conference