Alabama Short Form of Pretrial Order

State:
Multi-State
Control #:
US-03359BG
Format:
Word; 
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Description

In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local court rules should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.

Rule 16 provides for the timing of a judge to arrange a pretrial conference with attorneys and any unrepresented parties and to issue a scheduling order. Prior to the Rule 16 conference with the judge, the attorneys for the parties will meet among themselves and prepare a proposed order pursuant to Rule 26(f).

The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge must issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.

Rule 16 conferences that deal with discovery of electronically stored information may be of significant value to the parties and to the court. New item (6) makes specific reference to consideration at the pre-trial conference of matters relating to electronically stored information.

A pretrial conference (often referred to as a ?PTC?) is the next court date in a misdemeanor criminal case after the arraignment. A PTC is typically an informal meeting between the prosecutor and the Defendant, or the prosecutor and the defense attorney if the Defendant has an attorney.

Rule 16(f) also states the court may impose sanctions, but must order the payment of attorney fees/costs. This cost may be imposed on both the attorney and the client for their misconduct.

A preliminary hearing, also known as a pretrial hearing, is specific for felony cases. Preliminary hearings are a critical juncture of every felony criminal case and typically have uniformity in how they are conducted throughout the state.

Status conference is a meeting that occurs before trial where attorneys from opposing parties and sometimes a judge meet. The nature of a status conference often will depend on the type of case.

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Alabama Short Form of Pretrial Order