미국 민사소송절차에서 변론전 회의(Pretrial Conference)

Pretrial Conference in American Civil Procedure

An informal meeting at which opposing attorneys confer, usu. with the judge, to work toward the disposition of the case by discussing matters of evidence and narrowing the issuse that will be tride. The conference takes place shortly before trial and ordinarily results in a pretrial order.- Often shortened to pretrial. The use of pretrial conferences has become the mechanism by which the case becomes structured, because of the liberalization of pleading requirements, Indeed, it typically is at a pretrial conference that counsel, talking informally with the judge, are able to agree as to what issues are in dispute. They can plan the course of the trial because they know what evidence and witnesses In many instances, a series of conferences may be used to schedule discovery as well as to structure the trial. There is no limit on the number of conferences. The judge has discretion to schedule pretrial conferences in both state and federal system, It is truly the judge who controls the effectiveness of the pretrial conference. The judge’s interest and familiarity with the case determines whether the parties actually will work toward some accord. The judge treads a careful line between coercing the parties and helping them to reach reasonable conclusions. At the conclusion of the pretrial conference, the judge enters a pretrial order incorporating all the parties’ stipulations, the list of witnesses and evidence agreed upon The order supersedes the pleadings and controls the remainder of the proceedings in that action.