GETTING READY FOR TRIAL

PRETRIAL

• Most of the progress of a federal case that happens is called a pretrial phase.
• also will include actions that must occur before the beginning of the trial.
• Strict rules and policies determine what happens in the pretrial stage.

CIVAL PRETRIAL

• The plaintiff files a civil complaint against another person or entity (defendant)
• The plaintiff must serve the defendant with the complaint by officially delivering it to them.
• The defendant files and serves an answer, which which is their/a response.
• If the defendant fails to respond, the plaintiff can request default judgment, which means the case would be in favor of plaintiff .
• After the complaint and answer, the judge meets with the lawyer to work out a schedule.

CRIMINAL PRETRIAL

• Suspicious activity occurs and investigated. An arrest could happen.
• The grand jury decides if there is enough evidence to proceed with prosecution or not. If not, case dismissed.
• If an indictment is issued, the prosecuting attorney for the government seeks an arrest warrant from the judge.
• The defendant meets with a pretrial service officer, who prepares a report.

MAKE A DEAL

• Realistically only a small percentage of federal cases, criminal or civil, actually go through the entire trial process.
• Because trials are risky, many parties look to settle their differences during the pre trial phase.

CRIMINAL

• The defendant will likely a shorter or less harsh punishment accepting responsibility in criminal cases
• The prosecutor may agree to drop some charges if the defendant admits guilt.
• The defendant's attorney works with the prosecutor to come to terms both agree with is a plea bargain.
• The judge will put the defendant under oath, and ask a series of questions.

CIVIL

• In civil cases the judge often recommends or requires to attempt to reach a settlement in the pretrial phase
• This often takes the form of another Dispute Resolution or mediation.
• This provides a cheaper and faster way for parties in a civil law suit to settle disagreement without a full trial.
• This process is non binding until an actual settlement is reached.

END...

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