Maryland 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

Rule 5-404(b) states: Evidence of other crimes, wrongs, or other acts . . . is not admissible to prove the character of a person in order to show action in the conformity therewith.

During the pretrial conference, the judge will want to meet with both plaintiff's and defense counsel prior to the start of the case to address issues such as the potential for settlement, exhibits to be offered, witness testimony, including expert witnesses, and whether there are any pretrial motions which need to be ...

Drafting a pretrial statement is an essential part of the pretrial process in a lawsuit. It sets the tone for trial? and settlement. This statement provides the court and opposing parties with a clear and concise overview of your case, including the key issues, evidence, and witnesses you intend to present at trial.

Evid. 5-702. (1) whether the witness is qualified as an expert by knowledge, skill, experience, training, or education, (2) the appropriateness of the expert testimony on the particular subject, and (3) whether a sufficient factual basis exists to support the expert testimony.

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

trial conference is usually the last opportunity for the parties to check in with the court before trial. The pretrial conference is basically a meeting among the court and the parties to ensure the parties are ready. The case will then be set for trial.

Rule 5-402. Relevant evidence generally admissible; irrelevant evidence inadmissible. Rule 5-403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

Subject to the limitations in Rule 5-412, an accused may offer evidence of an alleged crime victim's pertinent trait of character. If the evidence is admitted, the prosecutor may offer evidence to rebut it.

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Maryland Outline for Pretrial Memorandum