Although the trial phase of a dispute generally garners the most attention, a significant degree of legal negotiation and decision-making occurs before the parties even enter a courtroom. In some cases, parties settle their disputes in this pre-trial phase and never enter into a courtroom.  In the pretrial stages of litigation, the parties are engaged in motions and conferences to help elucidate the issues in the case, discuss evidentiary matter and resolve certain significant questions related to the litigation.  These steps are designed to facilitate the progress of the trial by streamlining the procedural and substantive issues that the parties are likely to bring before the court.

Pretrial conferences. At a pretrial conference, a judge or magistrate performs various functions to expedite the issues in the case. This may include establishing authority over the case, clarifying the necessary pretrial activities, and encouraging settlement of the issues in the case. The submission of documents through discovery also occurs during these pretrial stages. Discovery is the method by which the parties obtain pertinent information from one another. At this stage, early discovery orders may be reviewed to verify that they conform to standards set forth at the pretrial conference and new orders can be issued at the judge’s discretion. Once the conferences are complete, the judge or magistrate releases an order that consolidates the outcome of the conferences and provides a blueprint for the future conduct of the case.

Pretrial motions. A party that makes a pretrial motion requests that the court issue a particular ruling on a disputed matter. A dispositive motion has the potential to terminate the dispute prior to the trial. A non-dispositive motion addresses an ancillary question that arises during the litigation. Several motions can be made that have a determinative effect on the progress of the litigation. A motion to dismiss can be presented by the defendant at the onset of litigation based on the theory that that the complaint is legally unsustainable because of a particular deficiency. This may include lack of personal jurisdiction, lack of subject matter jurisdiction, failure to state a legal claim or insufficient service of process. A motion for summary judgment is made when judgment can be entered for one party when the only question is one of law and the facts in the case are not disputed. When a defendant does not appear before the court, the plaintiff may file a motion for a default judgment to dismiss the action.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.