Also known as: pre-trial settlement conference · pretrial settlement conferences · pretrial conferences · settlement conference · pretrial conference
Written by attorneys · grounded in primary & secondary sources — see below
A court-supervised meeting of parties and counsel to explore resolution of a dispute without trial. The court may require represented parties to authorize attorneys to make stipulations and may direct parties or representatives to attend or remain available to consider settlement.
Patrick Phan serves contention interrogatories on Pulse Media in a contract dispute. Pulse Media objects that answers require further discovery. The court defers responses until the pretrial settlement conference so the parties can focus on possible resolution.
Pablo Perez faces federal charges and meets with prosecutors at a pretrial settlement conference. Perez agrees to waive certain evidentiary objections in exchange for a plea deal. The court later enforces the waiver when Perez attempts to retract it at trial.
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Pedro Pacheco, an indigent defendant, requests state-funded psychiatric assistance before a pretrial settlement conference. The court denies the request. Pacheco challenges the denial after rejecting a plea offer and proceeding to trial.
The court may formulate and simplify issues, eliminate frivolous claims, consider amendments to pleadings, and facilitate settlement. It may also set deadlines and require parties to authorize attorneys to make binding stipulations.
A represented party must authorize at least one attorney to make stipulations on all reasonably anticipated matters. The court may require the party or a representative to be present or available by other means to consider settlement.
A party or attorney who fails to appear may face sanctions under Rule 16(f), including payment of expenses caused by the failure and other appropriate orders to promote compliance with pretrial management.
A court may order that answers to contention interrogatories need not be served until after designated discovery or until the pretrial settlement conference so the parties can concentrate on settlement discussions.
…the Federal Rules of Criminal Procedure appear to contemplate that the parties will enter into evidentiary agreements during a pretrial conference. See Fed. Rule Civ. Proc. 16(c)(3); Fed. Rule Crim. Proc. 17.1. During the course of trial, parties frequently decide to waive evidentiary objections, and such tactics are routinely honored…