WHAT ARE STATUS AND PRETRIAL CONFERENCES IN A DIVORCE CASE?
Status And Pretrial Conferences
If the spouses are unable to reach an agreement on all the fundamental aspects of divorce, trial preparation becomes necessary. The next stage in this procedure is to reserve a status conference with the court and attend it. When settlement negotiations cannot proceed due to a lack of agreement, this meeting will shape the suit going forward and help move the divorce process towards resolution. Nonetheless, it is critical to remember that just because negotiations have stalled at this point does not mean the spouses will not reach an agreement before the trial. Agreements on property division, support obligations, and child custody can be reached up to the day of trial.
If the parties cannot reach an agreement on all the necessary aspects of divorce, the case will need to be prepared for trial. However, it is essential to remember that just because negotiations have failed before this point does not mean that the parties won’t reach an agreement before trial.
Status Conference
A status conference allows the parties to update the court on developments since their last appearance. The court will learn about any agreements in place and any concerns that cannot be resolved. For instance, the parties may have reached an agreement regarding property division, but worries about child custody may remain. The court will consider the remaining issues and assess the likelihood of a future deal. The court will examine resolution tactics outside of trial, such as mediation. If the court decides on an alternative dispute resolution, it will set dates for the parties to adhere to.
A discovery plan can also be founded at a status conference. This includes setting any vital restrictions on discovery, for example, by discussing subjects deemed outside the scope of the case. Examples of issues that may be outside the limits of the case may include affairs or relationships post-divorce. In any case, there are exemptions to this rule contingent upon the specifics of a case. Due dates for finishing discovery can be set at a status conference. After this date, any additional disclosure demands from either spouse may be allowed if the parties reach an agreement or obtain the court's leave. Otherwise, after the due date has passed, neither party will need to answer discovery requests from the opposing side.
The last concern to be considered in a status conference is overall scheduling. In addition to setting dates for mediation and discovery, the court will also set a deadline for any motions or amendments. Lastly, the court will establish a pretrial conference and trial date. To aid in trial preparation, these dates are typically unchanged. The purpose of this is to ensure everything is resolved in a timely fashion. However, they are adjusted occasionally at the court’s discretion.
Status conferences are vital for setting a course for the rest of the litigation, but this does not mean the court will hold one immediately. Instead, the court allows a period of time for the parties to “cool off” before the initial status conference is set (it is common to have upwards of three meetings before a case is concluded). This period will be at least 60 days; however, it may be longer, depending on the court’s docket. Good attorneys can use this period to encourage settlement or to gather evidence in preparation for trial.
Pretrial Conference
The pretrial conference is often the last hearing held in a case before the final trial. At this point, several attempts to reach an agreement will have likely been made but will have failed. The issues that need to be resolved at trial will likely have been substantially narrowed, even beyond what they were at the last status conference. The judge will want to know and address any unresolved issues to understand what will need to be resolved at trial. This, in turn, allows the court and the parties to assess how long the final trial will need to be scheduled for. Though it depends on the number of issues left to be resolved, divorce trials generally will not exceed one to two days absent exigent circumstances.
The court will also perform any “housekeeping” functions to prepare for trial. Any outstanding motions will be addressed, though they may not be decided. For example, motions in limine, which deal with likely evidentiary issues, may be heard and considered. However, the judge is expected not to decide until the evidence is actually offered for admission at trial. By reviewing the motions and becoming familiar with the law, the judge can make an informed decision when the dispute does arise, rather than having to shoot from the hip during trial. Any other last-minute issues or problems will also be dealt with at this conference.
The goal for both the attorneys and the court at a pretrial conference should be to ensure that only the still-undecided issues are addressed at trial. Judges can quickly grow impatient when one side attempts to stir up problems that are already decided or non-controversial during a pretrial conference. Instead, experienced counsel can use the pretrial conference to show the judge that they have prepared for the matter and are ready to resolve only the necessary facts quickly. The less “fluff” left in the case, the more attention the attorneys and the court can give to what really matters in resolving the divorce.
The objective for both the lawyers and the court at a pretrial conference is to make sure that only unresolved concerns are presented at trial. Judges can quickly become impatient when a party raises concerns that have already been resolved during this conference. A knowledgeable attorney will use this conference to demonstrate their preparation for a swift resolution.