Louisiana Outline for Pretrial Memorandum

Category:

Civil Procedure - Outlines

State:

Multi-State

Control #:

US-03363BG

Format:

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

C. Upon filing of a bill of information or indictment, the district attorney shall set the matter for arraignment within thirty days unless just cause for a longer delay is shown.

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.

A TRC is a hearing where the attorneys appear in court, exchange discovery (information about the case), and may try to negotiate a disposition of the case. If the attorneys cannot agree to a guilty plea they set a trial date. A TRC could take place several times prior to trial.

At the Final Pre-Trial Conference, counsel must be fully authorized and prepared to discuss settlement possibilities with the Court. Counsel are expected to discuss the possibility of settlement with each other thoroughly before undertaking the extensive labor of preparing the proposed Pre- Trial Order.

At the Pre-Trial Conference, the Court shall determine whether a hearing on the rule to show cause or trial on the merits is necessary, and if so, fix a trial date and may fix a Hearing Officer Conference.