Michigan Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

State:
Multi-State
Control #:
US-03362BG
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.


This form is a sample of such a case.

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  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

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FAQ

Sample Opening Statement. Your honor, ladies and gentlemen of the jury, today the people are charging Jes Markson with violations of the California penal code 187 and 188. We are charging Jes Markson with willful, deliberate, First-Degree Murder of Taylor Rodriguez.

Consider Rule 4.2 of the Michigan Rules of Professional Conduct, which prohibits an attorney from communicating about the representation with a party or person represented by counsel, unless the communication is authorized by law or consent of counsel.

This a courtroom where very minor issues are decided. Most of these courts are adjudicated by a bench trial. For example, judges make rulings on traffic violations, alimony payment, divorce proceedings, and some minor misdemeanors. It is often unnecessary to panel a full jury for these issues.

Judge: Good morning, ladies and gentlemen. Calling the case of the People of the State of California versus (defendant's first name).

4. Prepare for your civil trial Get familiar with the rules of evidence. Review all the papers filed, evidence, and declarations. Prepare your exhibits and arrange for witnesses. Watch a trial (if possible) Write down what you plan to say and ask at trial. Prepare your jury instructions. Prepare a trial brief.

The opening statement to a jury will focus on the facts. In a bench trial, however, the opening statement should weave the facts and law together. Describe the various theories of the affirmative case or defenses and then introduce the facts that will support those theories. Second, be even less repetitious than usual.

The purpose of a trial memorandum is to assist the court at trial. Among other things, a trial memo might include: An outline of the important facts and how those facts support your claims. A list of the claims for relief you included in your pleadings and the damages being sought for each claim.

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Michigan Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case