Delaware 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

The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence.

Rule 16 - Pretrial Procedure; Formulating Issues (a) In any action, the Court may in its discretion direct the attorneys for the parties, and any party not represented by an attorney, to appear before the Court in person for a conference or conferences before trial to consider: (1) The formulation and simplification of ...

-- Rule 26 protects communications between the party's attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications: (i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the ...

One of the primary goals of the pretrial conference is to resolve as many issues as possible before a trial. That is usually done through pretrial motions. A motion is a type of request for a judge to do something.

It is an informal meeting between the parties (the litigants) and their legal representatives in the presence of a judge in his or her chambers (office). The content of the meeting is strictly confidential and cannot be used at trial.

At the pre-trial conference, the judge will encourage the parties to discuss settlement and will advise the parties as to whether their respective positions are realistic. The judge may also suggest possible compromises which could help to achieve a settlement.

The final determination of what a sentence will be is always up to trial/sentencing judge. Pre-trial conferences are intended to promote a fair and expeditious trial, where it is not possible to resolve a case.

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.

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