Washington Outline for Pretrial Memorandum

Category:

Civil Procedure - Outlines

State:

Multi-State

Control #:

US-03363BG

Format:

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

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

During the pre-trial phase of the process, the court will set hearings to track the case and check in with the attorneys regarding their readiness to go to trial or resolve by a plea. These hearings are called omnibus hearings.

The pretrial conference is generally held approximately two weeks prior to trial. The attorneys report to the Judge on the progress of their case and if the case is ready for trial or if the case has reached a settlement. The trial date may be continued at this time if additional preparation is needed.

Whenever a criminal cause has been set for trial, no lawyer shall be allowed to withdraw from said cause, except upon written consent of the court, for good and sufficient reason shown.

PRETRIAL Caseload Case TypeOTHOther HearingXPPF***Provide ProofPTRPre-Trial HearingPTRPre-Trial Hearing8 more rows

No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing ...

Circumstances authorizing detention include: Certain charges are alleged and there is a finding that the defendant would present a danger to the community or another person. Certain charges are alleged, and a defendant is already on pretrial release for another offense.

In a pretrial diversion the prosecutor halts the case against the defendant so that the defendant can meet certain conditions. These conditions can include probation, counseling and community service, among others.