A pretrial conference—also known as a pretrial hearing or scheduling conference—is an informal meeting or discussion in the early stages of a lawsuit during which the attorneys and the judge work to schedule important deadlines in the lawsuit; identify important witnesses and documents; discuss settlement; and narrow the issues for trial.
The court will usually sign a pretrial order that includes its rulings and the parties' agreements on the matters discussed at the pretrial conference.
The pretrial conference is essentially a project management plan for the litigation. The timing of the pretrial conference and the issues to be addressed are usually included in the state's rules of civil procedure or code of civil procedure—or in the Federal Rules of Civil Procedure in federal court.
In Massachusetts, a pretrial conference is a critical step in the civil litigation process. It is governed by the Massachusetts Rules of Civil Procedure, specifically Rule 16, which outlines the objectives and procedures of pretrial conferences. During this conference, the judge and attorneys from both sides discuss the case to streamline the issues for trial, set a timetable for the completion of discovery, and explore the possibility of settlement. The court may issue a pretrial order that records the outcomes of the conference, including any agreements made by the parties and the schedule for further proceedings. The pretrial conference serves to promote a more efficient and focused trial by clarifying the issues and evidence, and by encouraging settlement to avoid the time and expense of a trial. The exact timing and specific procedures for the pretrial conference can vary depending on the court's schedule and the complexity of the case.