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Iowa
Pretrial Order

Iowa Pretrial Order

Category:

Civil Procedure - Pretrial

State:

Multi-State

Control #:

US-03361BG

Format:

Instant download

Description

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.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local court rules should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

The Pretrial Conference is the opportunity for the defendant, his attorney, the prosecutor and the judge to meet and discuss whether the case is going to be settled or whether it is going to Trial.

During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more. It occurs before the preliminary hearing, but many things can be done at this time, such as: Attorneys can file a range of motions. Which evidence can be presented and which cannot.

A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. During the course of litigation, oral arguments are presented in support of motions at hearings.

It is primarily a scheduling conference during which time the trial is scheduled. During the pre-trial conference, the court is advised as to the anticipated length of trial and the primary issues involving the court. The Court is also advised whether there are any pending motions or depositions to be completed.

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.

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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