Stages of the Personal Injury Pretrial
Proceedings before trial vary from jurisdiction to jurisdiction; however, their common purpose is to make the trial unfold more efficiently and quickly. A good personal injury lawyer will prepare you for the stages of a trial but it's useful to know what can be expected.
Filing the complaintFirst, the plaintiff or the petitioner will file a complaint against the defendant/respondent. In the complaint, the plaintiff will mention the facts; the legal basis sustaining his/her complaint. For example, negligence or breach of contract. Also, the defendant will mention damages.
The defendant will receive the summons and will send to the court an answer contesting the plaintiff's plea. After that, the court will set a hearing date. Conferences and motions can be programmed before the court hearing.
Pretrial conferenceThis can be requested by any party or can be ordered by the judge. When ordered by a judge, its purpose will be to help him manage the case, to review the evidence, and to solve diverse problems.
Also, the court can set a date for an issue conference. In this meeting, the parties will settle on the undisputed facts. Another role of the pretrial conference could be to ease a case settlement. If a settlement is determined, the case will not have to go to trial.
The pretrial procedure can include a mediation or arbitration plan. For example, in a divorce case, first, the child custody has to reach a settlement, only after that can the trial continue. After the conference takes place, an order reflecting the results will be issued.
Additional issues can be uncovered during a pretrial conference. This might result in disputes between the parties. Either party can file another motion in response or can ask for another pretrial conference. If the dispute still goes unresolved, the issue will be resolved during the trial.
Pretrial motionsA pretrial motion is a request to the court to rule on a particular issue. For example, parties can request the rejection of certain witnesses, or of some evidence. Also, they can ask for the dismissal of the case.
A pretrial motion is a request to the court to rule on a particular issue. For example, parties can request the rejection of certain witnesses, or of some evidence. Also, they can ask for the dismissal of the case.