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The pretrial or settlement conference in a felony or a gross misdemeanor context is the same as a in the misdemeanor context. It is essentially a hearing to come to some sort of agreement to resolve the case via a plea agreement. If the matter cannot be resolved, it is set for a TRIAL.
Yes. Written statements of the position of each party must be submitted to the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered.
The purpose of a Mandatory Settlement Conference (or MSC) is to encourage parties in a divorce, legal separation or nullity case to settle their matter in whole or in part. Accordingly, all parties must attend this court appearance.
Settlement conferences may be mandatory (required by the court) or voluntary. Regardless of the type of settlement conference, you should prepare by thinking about what you want and the minimum amount you are willing to settle for. Talk about the case with a lawyer and then submit all required paperwork.
A settlement conference is a process undertaken for the amicable settlement of disputes for which legal proceedings have been instituted and in respect of which the parties involved wish to reach a consensus to put an end to the legal debate sooner than is possible with the current judicial system.
If a settlement is reached, the settlement documents are prepared, signed by all parties, and thereafter submitted to a judge for approval. The judge will then review the settlement to determine whether it is fair and reasonable. If so, the judge will then issue an Award and/or Order approving the settlement.
Code § 1121.) In contrast, settlement conferences themselves are not confidential. Instead, what is confidential are the parties' demands and settlement offers, which cannot be introduced at trial to prove liability under Evidence Code section 1152.
At a settlement conference, the judge wants to hear about any attempts that you and your partner have made at settling your issues. They are also more likely to give you an opinion, or let you know what they think, about your issues.