Standstill Case? It May Be Time to Turn to a Pre-Trial Conference

Do you feel like your case is at a standstill? Perhaps the case went to mediation; however, there are still some outstanding issues. Maybe settlement letters have been exchanged but, you cannot find middle ground. Possibly discovery has been completed, and even so, your case cannot move along.

The next probable step is a pre-trial conference.

What is a pre-trial conference?

A pre-trial conference is an opportunity to have a non-binding recommendation from the judge on outstanding issues. Unlike a hearing or trial, where rules of civil procedure must be followed, a pre-trial is more informal where parties can speak freely regarding the case.

Who is present at a pre-trial conference?

All attorneys of record are present at the pre-trial conference. This includes counsel for both parties and a guardian ad litem or child representative, if applicable.

How long is the pre-trial conference?

The pre-trial conference typically lasts around 30 minutes. The amount of time depends on the complexity of the issues as well as how much time the judge set aside for the case.

What documents must be prepared for a pre-trial conference?

In preparation for the meeting, the attorneys draft a memorandum that sets forth the basic facts of the case, as well as their client’s position on all outstanding issues. If applicable, parties will update and exchange financial affidavits as well.


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