Louisiana General Form of Pretrial Order

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Multi-State
Control #:
US-02709BG
Format:
Word; 
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Description


The Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


Rule 16 of the Federal Rules of Civil Procedure provides in part as follows:

(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) expediting 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 settlement.

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FAQ

Status conference is a meeting that occurs before trial where attorneys from opposing parties and sometimes a judge meet.

During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks. The pretrial services officer reports the information to the Judge, so the Judge can decide whether the defendant can be released on pretrial supervision or should be detained.

Default judgment in parish and city courts. A. In suits in a parish court or a city court, if the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.

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.

In any civil action in a district court the court may in its discretion direct the attorneys for the parties to appear before it for conferences to consider any of the following: (1) The simplification of the issues, including the elimination of frivolous claims or defenses.

At the Pre-Trial Conference, the Court shall determine whether a hearing on the rule to show cause or trial on the merits is necessary, and if so, fix a trial date and may fix a Hearing Officer Conference.

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.

At the Final Pre-Trial Conference, counsel must be fully authorized and prepared to discuss settlement possibilities with the Court. Counsel are expected to discuss the possibility of settlement with each other thoroughly before undertaking the extensive labor of preparing the proposed Pre- Trial Order.

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Louisiana General Form of Pretrial Order