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 York, a pretrial conference is a key step in the civil litigation process. It is designed to help streamline the upcoming trial by setting schedules, identifying key evidence and witnesses, discussing potential settlements, and narrowing down the issues that will be addressed in court. The timing and specific procedures for pretrial conferences in New York are governed by the New York Civil Practice Law and Rules (CPLR). During the conference, the judge and attorneys from both sides collaborate to create a pretrial order, which outlines the agreements and rulings made during the meeting. This order serves as a roadmap for the litigation, ensuring that all parties are clear on the deadlines and procedures moving forward. If the case is in federal court, the Federal Rules of Civil Procedure would apply, and the pretrial conference would be conducted in accordance with those rules.