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

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Multi-State
Control #:
US-03362BG
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Word; 
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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

In most cases there are several pre-trial or status conferences. These conferences allow defense counsel and the prosecutor to examine the case and the evidence presented and determine the best possible resolution to the case. For example, the initial plea offer from the State is not always the best offer.

It is a meeting between the presiding judge and attorneys to evaluate what is necessary to move the case to trial and establish dates for certain tasks to be completed. There are often several pretrial conferences to resolve issues as they proceed toward trial.

New Jersey Court Rule governs the issuance of subpoenas. Court Rule -1 specifically states that ?a subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.? [Emphasis added.]

A TRC is a hearing where the attorneys appear in court, exchange discovery (information about the case), and may try to negotiate a disposition of the case. If the attorneys cannot agree to a guilty plea they set a trial date. A TRC could take place several times prior to trial.

PTI is a diversion program that permits an individual to avoid prosecution for a criminal offense by successfully completing a period of supervision (i.e. probation). The Law in NJ governing PTI is N.J.S.A. 2C:43-12 and the court rule that applies to Pretrial Intervention is R. .

(a) Actions to Be Pretried. Pretrial conferences in contested actions may be held in the discretion of the court either on its own motion or upon a party's written request. The request of a party for a pretrial conference shall include a statement of the facts and reasons supporting the request.

Ing to the New Jersey Judiciary, the purpose of pretrial monitoring is to manage a pretrial defendants' risk of failure to appear in court, the risk to the community safety, and the risk of obstructing or attempting to obstruct the criminal justice process.

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