What is the pretrial process and where does the burden of proof lie in a negligence suit or does it depend of jurisdiction?© BrainMass Inc. brainmass.com June 3, 2020, 7:11 pm ad1c9bdddf
What is the Pre-Trial Process?
The court may set any criminal case for a pre-trial hearing before it is set for trial. A pre-trial is a meeting with the state's attorney and the defendant and/or his or her attorney to determine the following:
Any motions that the defendant or defendant's attorney wants to file.
Motion of discovery (any facts and information about the case)
Motion for continuance (to set another trial date) Motion to suppress evidence (to keep secret, to keep from revealing to a jury)
Motion for appointment of interpreter, if needed.
The exceptions to the form or substance of the complaint (defendants in municipal court may file a motion that says there is a problem with the form or substance of the complaint) The pre-trial is used to try to resolve the case in a way that is agreeable to both the defendant and the court, whenever possible. The pre-trial process, however, should not be used as a tool to thwart a defendant's effort at obtaining a trial before the ...
What is the pretrial process and where does the burden of proof lie in a negligence suit or does it depend of jurisdiction?