Kentucky Outline for Pretrial Memorandum

State:
Multi-State
Control #:
US-03363BG
Format:
Word; 
Rich Text
Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. 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.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

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FAQ

A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.

Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.

A: A pre-trial conference is a proceeding in which the judge determines if the defense and prosecution have come to an agreement on a plea of guilty. If so, the judge swears in the defendant and takes the plea of guilty on that date.

What does not occur during a pre-trial conference? A trial plan is prepared.

Materials to be Filed: The Pre-Trial Conference Brief The memorandum filed by each side should explain what the case is about, summarize the key evidence supporting each side's case, and potentially include reference to applicable case law if the case involves complicated legal issues.

Under the rules of Criminal Procedure, the grand jury must indict the defendant within sixty days, or the defendant is discharged from bond and either released from custody, or their money is refunded.

While the pretrial interview is voluntary, pretrial staff are required to conduct a criminal background check and a risk assessment to determine if the defendant is likely to appear in court and not get rearrested if released from jail while the case is pending.

A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.

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Kentucky Outline for Pretrial Memorandum