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.
A Pretrial Conference Order or Pretrial Order in New Jersey is a legal document that outlines various matters and details necessary for the smooth conduct of a trial. It acts as a roadmap guiding the parties and the court throughout the pretrial process, ensuring efficient progress towards the trial. Key Matters to be Included in a New Jersey Pretrial Conference Order or Pretrial Order: 1. Case Information: The order should contain basic information about the case, such as the case name, docket number, presiding judge, and the court where the trial will be held. 2. Parties' Contact Information: Relevant contact details of all parties involved in the litigation should be provided, including their addresses, phone numbers, and email addresses. 3. claims and Defenses: The pretrial order must summarize the claims and defenses asserted by each party, providing an overview of the legal issues that need to be addressed during the trial. 4. Legal Issues and Disputed Facts: The order should identify the legal issues in dispute and summarize the facts that are agreed upon as well as contested. A clear identification of disputed facts helps the court and the parties to prepare for trial effectively. 5. Witness and Exhibit Lists: Both parties must provide a list of witnesses they intend to call during the trial, along with a brief summary of their expected testimony. Additionally, a list of exhibits to be presented, such as documents, photographs, or videos, should be included. 6. Expert Witnesses: If either party intends to present expert testimony, the order should require them to disclose the identity of the expert, their qualifications, the subject of their testimony, and provide a summary of the opinions they will offer. 7. Discovery Deadline: To ensure that the trial proceeds smoothly, a deadline for completion of discovery should be included. This specifies the last date by which parties should exchange relevant evidence or information. 8. Motions and Resolution: The pretrial order should address any pending motions and provide a timeline for their resolution. It may include deadlines for submission of legal briefs, oral arguments, and the court's decision on these motions. 9. Case Management: The order should address case management issues, including proposed dates for pretrial conferences, settlement discussions, and the trial itself. It may also address potential alternative dispute resolution methods like mediation or arbitration. 10. Stipulations and Agreements: If the parties have reached any agreements or stipulations before trial, such as the admissibility of certain evidence or the admission of certain facts, they should be included in the pretrial order. Different Types of New Jersey Matters that Should be Included: 1. Civil Matters: Pretrial orders are common in civil matters such as personal injury cases, contract disputes, or employment discrimination cases. The matters discussed above generally apply in these cases. 2. Criminal Matters: In criminal cases, the pretrial order may differ slightly but still covers key matters. It may highlight the charges against the defendant, the defense's intent to present an alibi or an affirmative defense, and any Constitutional issues that may be raised during trial, like Fourth Amendment violations. 3. Family Law Matters: In pretrial orders related to family law matters like divorce or child custody disputes, additional matters may be included, such as the determination of child support or alimony, division of marital property, and visitation schedules. In conclusion, a comprehensive New Jersey Pretrial Conference Order or Pretrial Order should cover case information, parties' contact details, claims and defenses, disputed facts, witness and exhibit lists, expert witnesses, discovery deadlines, motions, case management issues, stipulations, and agreements. The specific matters to be included may vary depending on the type of case, be it civil, criminal, or family law-related.
