Motions are formal requests for the court to take some sort of action. Pretrial Conferences always are required in Federal Courts and are being required more and more in some state courts. The following usually occur in pretrial conferences:
" The parties agree on the facts not in dispute.
" They tell each other whom their witnesses will be.
" They identify what their evidence will be and provide copies of documents that will be offered into evidence.
Each party will submit in writing the facts they intend to prove and the law or jury instructions that should be applied to the facts. The Judge will generally act somewhat as a mediator, at least in federal court, and try to get the parties to settle case.
A Pretrial Order is a court order that results from the Conference setting out the rulings, stipulations, and other actions taken at a Pretrial Conference.
