Massachusetts Order Postponing Pretrial Conference and Submission of Pretrial Order

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Description

Pretrial Conferences always are required in Federal Courts and are being required more and more in some state courts. The following usually occur in pretrial conferences:


" The parties agree on the facts not in dispute.

" They tell each other whom their witnesses will be.

" They identify what their evidence will be and provide copies of documents that will be offered into evidence.


Each party will submit in writing the facts they intend to prove and the law or jury instructions that should be applied to the facts. The Judge will generally act somewhat as a mediator, at least in federal court, and try to get the parties to settle case.


A Pretrial Order is a court order that results from the Conference setting out the rulings, stipulations, and other actions taken at a Pretrial Conference.

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FAQ

During the pre-trial conference, either side can file or set a date for filing motions, including a motion to dismiss the complaint or to prevent certain evidence from being used at trial. A Pre-Trial Conference Report must be signed by both sides, submitted to the judge, and signed by the judge.

A motion for discovery asks the judge to order the prosecutor to turn over evidence that may help prove the accused's innocence, or that is otherwise required by law.

"Pretrial probation:" the probationary status of a defendant pursuant to a probation order issued prior to a trial or the formal submission and acceptance of a plea of guilty or an admission to sufficient facts, as provided in G.L. c. 276, § 87.

At arraignment, except on a complaint regarding which the court will not exercise final jurisdiction, the court shall order the prosecuting attorney and defense counsel to attend a pretrial conference on a date certain to consider such matters as will promote a fair and expeditious disposition of the case.

Common pre-trial motions include: Motion to Dismiss ? an attempt to get the judge to dismiss a charge or the case. ... Motion to Suppress ? an attempt to keep certain statements or evidence from being introduced as evidence. ... Motion for Change of Venue ? may be made for various reasons including pre-trial publicity.

The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.

Pre-trial motions are made to secure or exclude evidence, to change venue, or to end the case. These motions are made by attorneys on either side after a preliminary or initial pretrial hearing and before a criminal case goes to trial.

Pre-trial Procedure includes all aspects of trial practice that occur before trial. These stages include filing a lawsuit, answering a complaint, discovery, motion practice, and trial preparation.

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Massachusetts Order Postponing Pretrial Conference and Submission of Pretrial Order