What happens during the pretrial process?

What happens during the pretrial process?

A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.

What happens in the pretrial phase before a trial?

Prior to the trial, the judge may also convene the parties in an effort to investigate the possibilities of settlement. Usually, the judge will explore the strengths and weaknesses of each party’s case with the attorneys. The parties may decide that it is more prudent or efficient to settle than to risk going to trial.

Who are the parties at a pretrial hearing?

Connecting …. A pretrial hearing is a meeting between parties to a case that happens prior to the beginning of a trial. The parties involved may include the plaintiff and their attorney, the defendant and their attorney, and the judge or magistrate. At times, other parties may be included, as well.

What happens at the sentencing after a trial?

After the trial has concluded with a finding of the defendant’s guilt or a guilty or no contest plea has been negotiated, the judge will have the parties reconvene for a sentencing hearing, where the judge delivers the sentence.

Can a judge decide the case in a bench trial?

Although both the prosecution and the defense are entitled to a jury trial, they may opt to allow the judge to assume the jury’s role as a “trier of fact” and decide the case. [151] This is called a bench trial.

When to ask for a judicial pre trial?

Asking for a judicial pre-trial. You must have a Crown pre-trial before a judicial pre-trial. After the Crown pre-trial, you or the Crown can ask for a judicial pre-trial. If the Crown or your lawyer thinks your case will take a lot of time in court, you may be required to have a judicial pre-trial.

How does a judge set a case for a pretrial?

An Attorney or a Party gets in contact with the Judge’s judicial assistant and coordinates a pretrial with all parties involved. Judges will normally not set the case for a pretrial until EVERYTHING has been completed. This includes mediation, a parenting course (if children are involved), compliance with mandatory disclosure, etc.

When do you get taken off pretrial services?

When your case has been resolved (placed on diversion, convicted and sentenced, found not guilty, dismissed et. cetera). You can also be released off pretrial supervision at the request of your lawyer and if the judge allows you to be taken off pretrial services then you will be taken off.

Do you need to attend a pretrial hearing?

Do You Need to Attend a Pretrial Hearing? If a pretrial hearing has been scheduled in your civil case it is important that all parties attend, as the pretrial hearing’s purpose is to narrow the issues before trial on the matters. Narrowing the issues in a civil case will allow the matter to be handled in a more efficient manner.