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Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time. Most cases settle before reaching trial. Arbitration is sometimes another alternative to a trial.
The parties will give the judge some background information about the case so that they can prepare to help resolve the disputed issues. The judge will meet with the attorneys for each side, who will present their positions. The parties do not always attend this part of the meeting.
The arraignment is the first time the defendant appears in court. A judge (or judicial officer) tells the defendant: what the charges are, about his/her constitutional rights, and. that if s/he doesn't have enough money to hire a lawyer, the court will appoint one.
OPTIONS AT THE END OF THE SETTLEMENT CONFERENCE If the parties reach a settlement, the Judge can immediately make an Order setting out the terms of settlement.
Initial Hearing / Arraignment. Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case.
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
The clerk assigns each criminal case a number upon filing. The number will begin with a two-digit indicator of the year in which the case was filed, followed by a hyphen and the individualized case number of five digits, followed by another hyphen and the number assigned to each particular defendant in the case.
The Mandatory Settlement Conference At the MSC, both parties and their attorneys will meet with the settlement judge to try to come to a resolution of all contested issues.In the best-case scenario, all items can be resolved, and a settlement agreement can be written up at the MSC and both parties sign it.
A settlement conference is a meeting in which a judge or magistrate assigned to the case presides over the process.Settlement conferencing is similar to mediation in that a third party neutral assists the parties in exploring settlement options.