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 New Jersey, a pretrial conference is a key step in the civil litigation process. It is governed by the New Jersey Court Rules, particularly Rule 4:25-1, which outlines the procedures for pretrial conferences in civil actions. During this conference, the attorneys and the judge discuss the case to streamline the issues for trial, set timelines for the completion of discovery, and schedule motions and other important dates. The goal is to facilitate a fair and efficient resolution of the case, whether through settlement or trial. The pretrial conference also allows the court to manage its docket and encourages the parties to engage in meaningful settlement discussions. The outcomes of the pretrial conference are typically memorialized in a pretrial order, which sets forth the agreements between the parties and the court's directives. This order serves as a roadmap for the remainder of the litigation process. In federal cases, the Federal Rules of Civil Procedure, specifically Rule 16, provide similar guidance for pretrial conferences.