Georgia Outline for Pretrial Memorandum

State:
Multi-State
Control #:
US-03363BG
Format:
Word; 
Rich Text
Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

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FAQ

A memorandum usually includes a description of factual background of the subject case or fact pattern, a statement of the legal issues to be discussed, an introduction of the relevant laws, an analysis of how the law should apply to specific facts and a conclusion.

Post-trial motions are submitted to the court in the weeks following the conclusion of the trial, and the judge will consider the parties' arguments and decide whether there should be any change to the jury's verdict.

Post-trial motions are filed after the judge or jury has decided on a verdict. If you do not agree with the verdict in your case because you think it was impacted by errors or misconduct, you have the right to file one of these motions.

Opposing counsel may rely on representation that the designated party will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means.

The purpose of a trial memorandum is to assist the court at trial. Among other things, a trial memo might include: An outline of the important facts and how those facts support your claims. A list of the claims for relief you included in your pleadings and the damages being sought for each claim.

A pretrial conference is a meeting between the prosecutor, defense, and the judge before a trial to discuss the necessary steps to move the matter to trial or resolve the case.

The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.

The grounds for the motion are that the final judgment is inconsistent with the evidence presented during the trial and contrary to laws governing the issues contested in the trial.

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Georgia Outline for Pretrial Memorandum