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What do I need to do in order to properly prepare for a Trial Setting & Settlement Conference?

Berkeley, CA |
Filed under: Lawsuits and disputes

I'm a Pro Per defendant & have so far, been very effective in my various discovery requests. I've had the court deem admitted 82 out of 119 RFAs w/underlying 17.1 form Interrogs, which I think destroys their case relative to me (IMHO) & have several more disc. motions pending. In early Nov. there is a Trial Setting & Settlement Conference calendared (same day as my motions). The court gave opp. counsel some very specific things to research re: one of the named defendants who is serving 8 yrs. in the Federal System. Basically the Court wanted opp. counsel to sort out the details of his attendance by phone or in person, and I don't think that has been done. At any rate, what do I need to do in order to be prepared for this session as it relates to trial setting & Settlement conference?

Attorney Answers 2

Posted

Generally, at a trial setting, you will need to be prepared to discuss the case and, particularly, the legal and factual issues that remain disputed between the parties. Also, you should have an idea of how long trial will last.

Settlement conferences will vary from judge to judge, but again you should be prepared to discuss the legal and factual issues of your case. It is usually helpful to brief the legal and factual issues prior to the settlement conference so that you can work out the issues in writing. Once that is done you should be prepared to discuss these issues before a judge (or mediator).

This comment is made as general information and is in no way to be considered legal advice. Attorney's making such comments have no information beyond the information provided in the question presented. Additional information is necessary before an attorney can give specific advice. Please seek legal counsel.

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2 comments

Asker

Posted

Is the brief you're suggesting something that is filed with the court or something for my own personal use as a function of getting it all down on paper as you suggest? I can't find anything in the local rules re: submission of any such document and its not clear to me if I also need to submit a CMC statement as the notice from the court doesn't specifically reference this is a CMC hearing.

Jeffrey R Caffee

Jeffrey R Caffee

Posted

It serves a dual purpose. One, it helps organize your thoughts about the laws and facts involved. Two, whether required by rule or not, it helps the judge understand the factual and legal issues that he or she will be looking at during trial. I generally like to file trial briefs, even if not required, because it provides you with an opportunity to have your case "heard" by the judge before hand. By framing the issues early, it can help make your case as trial easier to understand. If you are unsure about the rules, it is a good idea to confer with legal counsel in the area because the local rules can often be more complex than the general court rules.

Posted

Take a look at http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1380 for information concerning the Settlement Conference. For trial setting, at a minimum review the following: http://www.courts.ca.gov/1316.htm. Good luck and God Bless.

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