Idaho 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

Pretrial supervision allows individuals charged with crimes an opportunity to return to the community during the court process, to remain employed, in school, continue their health care coverage and treatment, and maintain social and family ties while being monitored outside of jail prior to case disposition.

At a pretrial conference, the court may consider and resolve the following: (A) the status of mediation or ADR; (B) the disposition of any pending motions; (C) the possibility of obtaining admissions of fact; (D) stipulations regarding the authenticity of exhibits; (E) the advisability of any advanced rulings from the ...

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

The purpose of a pretrial conference is to bring the parties together to determine if they can reach a satisfactory resolution to the case. At the time of the Pretrial Conference, only the Prosecuting Attorney and the Court Clerk will be present, the Judge will not hear the Pretrial Conference discussion.

Within 30 days after an answer or notice of appearance has been filed, or, within 90 days after a complaint has been filed, if one or more defendants have been served but no appearance has been made, a court must take action, by setting a scheduling conference, requesting available trial dates, or by another method ...

A preliminary hearing is held only on felony cases and is conducted before a magistrate judge. At this hearing, the prosecuting attorney presents what evidence he/she may have to show that there is probable cause (reason) to believe that a crime has been committed and that the defendant committed the crime.

Rule 16 of the Idaho Criminal Rules also provides that the prosecuting attorney can be required to give you other information before trial.

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