Also known as: pre-trial
Written by attorneys · grounded in primary & secondary sources — see below
The stage of litigation or criminal prosecution that occurs before trial. It encompasses discovery, pretrial motions, conferences, and other preparatory activities that narrow issues, exchange information, and ready the case for adjudication.
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Paragon Construction served 22 interrogatories on Pulse Media in a contract dispute. One asked Pulse Media to explain how it applied the force-majeure clause to the delayed shipment. Pulse Media answered fully even though the question sought an opinion on the application of law to fact. The court later used the answer to limit issues at the pretrial conference.
Penelope Price's lawyer served 40 interrogatories on Patriot Insurance seeking every internal memo from the past decade. The insurer moved for sanctions, showing that most requests duplicated prior production and lacked any reasonable basis. The court found the lawyer violated the duty to avoid frivolous pretrial discovery demands.
Pedro Pacheco was indicted for assault. His counsel filed a written notice of an insanity defense two weeks after the deadline for pretrial motions. The government objected. The court refused to allow the defense at trial because the notice was untimely and no good cause justified the delay.
Phoenix Technologies sued Preston Pratt for antitrust violations. The complaint alleged parallel pricing but no direct agreement. Pratt moved to dismiss before any discovery. The court denied the motion, noting that the pretrial process would allow further development of the factual record.
The special prosecutor issued a subpoena duces tecum for Oval Office tapes during the pretrial phase of the criminal case. The President moved to quash. The district court enforced the subpoena after finding the materials relevant and that necessity outweighed any privilege claim.
Defense counsel for Pavel Petrov filed several suppression motions and conducted extensive discovery before trial. After the client confessed against advice, counsel curtailed further investigation. The court later evaluated whether that decision reflected reasonable professional judgment in the pretrial phase.
An interrogatory may relate to any matter within the scope of discovery. It is not objectionable merely because it seeks an opinion or the application of law to fact, though a court may defer the answer until later discovery is complete.
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A lawyer must not make a frivolous discovery request or fail to make a reasonably diligent effort to comply with a proper discovery request from an opposing party.
…through the wire without compensation to the landlord, for its commercial benefit." Tr. of Oral Arg. 15. [^maj-29]: In her pretrial deposition, appellant conceded not only that owners of other apartment buildings thought that the cable's presence had enhanced the market value of their buildings, App. 102-103, but also…
…for analysis and transcription, the District Court did not err in authorizing the subpoena duces tecum. Enforcement of a pretrial
…failure to give reasonable notice of the breach of warranty bars their recovery. The claim was not made in the answer, pretrial order, at the trial or as a ground of appeal in the brief filed on this review. It was added by letter filed after oral argument. It comes too late for consideration at this point in the…
…respondent for kidnaping and murder and appointed an experienced criminal lawyer to represent him. Counsel actively pursued pretrial motions and discovery. He cut his efforts short, however, and he experienced a sense of hopelessness about the case, when he learned that, against his specific advice, respondent had also…
…that the defendant “could have disclosed the facts from his point of view, in advance of a trial if he chose, by asking for a pre-trial
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A defendant must notify the government in writing within the time for filing pretrial motions or at a later time the court sets. Failure to provide timely notice bars reliance on the defense absent good cause shown for a late filing.
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Under relaxed pleading standards the merits of a claim are sorted out during the flexible pretrial process rather than through detailed factual allegations in the complaint.
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Enforcement lies in the sound discretion of the trial court. Necessity often turns on factual determinations, and appellate review is particularly meticulous when the subpoena is directed to the President.
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Counsel's decisions during the pretrial phase, including the pursuit or curtailment of motions and discovery, are measured against an objective standard of reasonableness under prevailing professional norms.
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