Pretrial Conferences, and Pretrial Disposition of Case Flashcards
Pretrial Conf. Concept
Resolution of case can be facilitated by informal meeting before trial or settlement.
Court can do anything that can advance resolution or settlement of the case
1. Can attempt to get parties to make stipulations
2. Require specification of the witness
3. Rule on pretrial matters
4. Admit or exclude evidence
5. Require settlement negotiations
6. Can send parties to alternative dispute resolutions (non-binding mediation)
7. Can sanction for non-participation
Plaintiff usually required to draft pretrial order and send to defendant; requirements can be onerous. Controls actions unless modified to prevent injustice
Series of pretrials
Varies with jurisdiction; court is required to have a docket control order early in the case
Various requirements of plans, pretrial orders
- Differential case management
- Fast tracking
- adjudication by deadline
Putting cases in different categories
Differential case management
Different management plans for each one
Doing some issues before others
Try the case before x date
Adjudication by deadline
Has claim precluded by missed date
If pleading, discovery, affidavits show show no genuine issue of material fact and movant entitled to judgment as a matter of law; Movant show there is no reasonable way opponent can prevail. Note Celotex: A defendant can carry burden without affidavits or proof, by showing that plaintiff can’t produce legally sufficient evidence. Defendant must obtain discovery of all plaintiff’s evidence to do this, otherwise defendant can’t show that plaintiff can’t prove it.
Affidavits of inability
May be able to prevent summary judgment by filing affidavit of inability to obtain evidence that may be obtainable in the future.
For summary judgment, court can’t
resolve credibility or make fact inferences.. If facts left open, court cannot grant summary judgment.
Substituted for evidence, and affidavit show matters that would be admissible under the rules of evidence.
Voluntary & Involuntary; with & without prejudice
plaintiff non-suits the case