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

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US-03357BG
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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

This rule provides that the court may direct the attorneys to appear before it for a conference to consider certain matters, and having done so, then the court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any ...

It is a meeting between the presiding judge and attorneys to evaluate what is necessary to move the case to trial and establish dates for certain tasks to be completed. There are often several pretrial conferences to resolve issues as they proceed toward trial.

These motions can affect many aspects of a case, such as whether evidence can be used at trial, where the trial occurs, and what charges will be prosecuted. The judge hearing the case decides pretrial motions after both sides have an opportunity to argue the motion in court.

In the Colorado criminal court process, a pre-trial hearing (or pre-trial conference) is a court appearance in which (1) the court hears certain pre-trial motions, and (2) the prosecutor and defense attorney attempt to resolve the case, usually for a plea bargain.

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.

This rule requires that every statement made by the accused which is in the possession or control of the district attorney and which relates in any way to the series of events from which the charges pending against the accused arose must be disclosed to the defense upon an appropriate motion.

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.

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