New Jersey Outline for Pretrial Memorandum

State:
Multi-State
Control #:
US-03363BG
Format:
Word; 
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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

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.

During the hearing, the defendant is brought before the presiding judge to determine whether pretrial detention is appropriate, whether the defendant can be released, and whether to impose special release conditions. Under New Jersey law, defendants are presumed to be eligible for release.

The standard conditions for pretrial release include: (1) no new criminal activity; (2) no contact with the victim; (3) avoiding contact with witnesses in the case; and (4) complying with any reporting requirements imposed by the Court.

If you have been charged with an indictable offense, you may be able to avoid a conviction through a program referred to as Pretrial Intervention or PTI. Those who are approved and admitted into PTI must complete a specified period of probation and their charges are dismissed upon successful completion.

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.

-3, at least three days prior to the pretrial conference date specified in the notice of pretrial conference. Pretrial memoranda shall include the 16 items enumerated in R.

Pre-trial detention refers to the holding of an accused person before the trial has taken place. Each case will be judged on its own merit before a determination will be made as to whether the accused will be held before 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. A list of defenses. A list of exhibits. A list of witnesses.

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New Jersey Outline for Pretrial Memorandum