North Carolina 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

There are two goals of a pretrial release decision: first to assure the appearance of the defendant in court, and second - in most states and the federal system - to assure community safety.

The judicial official must impose one of four pretrial release conditions: (1) the defendant signs a written promise to appear; (2) the defendant is placed under the supervision of a person or organization; (3) the defendant signs an unsecured appearance bond; or (4) the defendant signs an appearance bond secured by a ...

PRETRIAL RELEASE In most jurisdictions, ?least restrictive? is defined as release back into the community, either on the defendant's own recognizance or under court-ordered conditions of supervision.

Pretrial Release release on personal recognizance. payment of cash bail. securing surety or property bonds. a requirement to submit to electronic monitoring. pretrial supervision.

The Penal Code provides four options for pretrial release: release on bail; release on own recognizance (OR); release under supervision; and pretrial diversion.

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North Carolina Outline for Pretrial Memorandum