This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
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Once your attorney prepares and files a "Note of Issue" your case will sit on the trial calendar for many months. When your case is finally called, your attorney will need to appear for a pre-trial conference with the trial assignment judge.
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A jury trial demand is a request to have your case decided by fellow citizens as opposed to the judge should you proceed to trial. The decision to choose or waive a jury trial lies with the defendant.
A Notice of Demand for Trial or Disposition Pursuant to Penal Code Section 1381 is sent from the Sheriff to the Prosecutor when a subject is incarcerated in the county jail and the subject demands a trial on outstanding charges.
At the readiness conference: (1) All trial counsel must appear and be prepared to discuss the case and determine whether the case can be disposed of without trial; (2) The prosecuting attorney must have authority to dispose of the case; and. (3) The defendant must be present in court.
Trial. If the prosecuting attorney does not offer a plea agreement or the defendant does not accept the plea agreement, then the case will proceed to trial.
Pretrial, also called pretrial conference or pretrial review, is a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial.