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 Montana, a pretrial conference is a procedural step in the civil litigation process where the parties, through their attorneys, meet with a judge to discuss the case and plan for the trial. This conference aims to streamline the issues, schedule deadlines for various stages of the case, identify witnesses and key documents, explore settlement possibilities, and generally manage the case efficiently. The Montana Rules of Civil Procedure guide the timing and conduct of pretrial conferences. Following the conference, the court typically issues a pretrial order that outlines the agreements reached and the schedule for moving forward. This order is binding on the parties. Pretrial conferences help to reduce the complexity of the trial and encourage the settlement of disputes before the trial commences. In federal cases, the Federal Rules of Civil Procedure would apply, and similar objectives would be pursued during the pretrial conference.