However, during a criminal matter, the issues decided upon do not resolve the defendant’s guilt or innocence. The parties may attempt to settle the matter in a civil case, or work out a plea bargain in a criminal case. Specific issues may vary somewhat, and is dependent upon whether the case is criminal or civil. The issues that are to be decided at trial may be identified and then narrowed. That is, they may ask the presiding judge to dismiss the trial entirely or rule on specific points of law that are especially favorable to their client. The parties may also request a change of venue.Įither party’s attorney may make a motion for dismissal, or a summary judgment. Second, the parties may argue over what evidence should or should not be included at trial, as well as whether specific witnesses should be used at the trial. First, the judge may establish some basic rules regarding how the case is to proceed, as well as set a schedule for the trial and any other pretrial matters. Several things may happen at a pretrial hearing. Additionally, pre-trial hearings help the judge fully understand the issues and parties to the case, as well as establish their authority. In some cases, a pretrial hearing allows to reach a settlement and avoid the time and expense of a trial altogether. The parties are allowed to exchange information which aids in the trial preparation, should the case still need to go to trial after a pretrial hearing. What Is the Purpose of a Pretrial Hearing?Īs previously discussed, the purpose of a pretrial hearing is to resolve any simple issues before the court case actually begins in order to allow the trial itself to proceed more effectively. Do I Need a Lawyer If I Have a Pretrial Hearing?.Do Criminal Cases Have Pretrial Hearings?.Can a Case Be Dismissed at a Pretrial Hearing?.Do You Need to Attend a Pretrial Hearing?.What Is the Purpose of a Pretrial Hearing?.Importantly, some jurisdictions may also refer to pretrial hearings as pretrial conferences. Although often required by court, either party involved in the case may request that a pretrial hearing is set in order to ensure that such a meeting occurs. Pretrial hearings may be used in criminal cases as well as civil cases. Agreeing to or denying various accusations or claims.Filing and obtaining necessary pretrial motions.Some issues that a pretrial hearing may address include but are not limited to: Because of this, pretrial hearings benefit all parties involved. This allows the parties to focus on the most important legal issues of the case without being distracted by smaller matters. Other parties may be included in pretrial hearings, due to the fact that these meetings are intended to help clear up any issues and administrative details that can be handled prior to the actual trial. The judge or the magistrate presiding over the case.The parties involved in the meeting may include: This meeting occurs prior to the beginning of the trial, after being served with a lawsuit. The term “pretrial hearing” refers to a meeting between the parties involved in a legal dispute. Are You a Lawyer? Grow Your Practice What Is a Pretrial Hearing?
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