Puerto Rico 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

At the pre-trial conference, the judge will encourage the parties to discuss settlement and will advise the parties as to whether their respective positions are realistic. The judge may also suggest possible compromises which could help to achieve a settlement.

One of the primary goals of the pretrial conference is to resolve as many issues as possible before a trial. That is usually done through pretrial motions. A motion is a type of request for a judge to do something.

It is an informal meeting between the parties (the litigants) and their legal representatives in the presence of a judge in his or her chambers (office). The content of the meeting is strictly confidential and cannot be used at trial.

The final determination of what a sentence will be is always up to trial/sentencing judge. Pre-trial conferences are intended to promote a fair and expeditious trial, where it is not possible to resolve a case.

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.

The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.

At your Pre-Trial Conference, you will either tell the Court that you and your attorney are ready for trial, enter a guilty plea, or request a continuance. On Pre-Trial Conference dates, the Court (and our office) are very busy, because hundreds of people are scheduled for Pre-Trial Conferences during the same week.

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.

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Puerto Rico Outline for Pretrial Memorandum