Massachusetts 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

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.

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.

Rule 16 conferences that deal with discovery of electronically stored information may be of significant value to the parties and to the court. New item (6) makes specific reference to consideration at the pre-trial conference of matters relating to electronically stored information.

In complex litigation, the court may hold what is known as a pre-trial review (PTR). It is a hearing and is usually fixed to take place up to ten weeks before the date listed for trial. The purpose of a PTR is to: Check that the parties have complied with all previous court orders and directions.

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.

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.

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.

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

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