Why would a pre-trial conference be continued?
Asked by: Erica Kihn | Last update: June 8, 2025Score: 4.4/5 (6 votes)
The judge could use the pretrial conference to facilitate continued discussions and help the parties reach a deal. Alternatively, the attorneys may inform the judge that they did not reach a deal and that a criminal trial will be necessary.
How many times can a pre-trial be continued?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
What does it mean when a status conference is continued?
The parties may learn at the status conference that they are in fact ready to move forward to a trial on any disputed issues. A status conference can also be continued to another status conference to make sure one side does what he or she agrees to at the hearing.
What is a major purpose of pretrial conferences?
It is a meeting between the presiding judge and attorneys to evaluate what is necessary to move the case to trial and establish dates for certain tasks to be completed. There are often several pretrial conferences to resolve issues as they proceed toward trial.
Why would a trial be continued?
There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.
What Happens After a Pretrial Conference? .mp4
What are two reasons for granting a trial continuance?
- Absence of witness or evidence.
- Absence or incapacity of counsel.
- Absence of party.
- Surprise.
- Other grounds.
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
What comes after a pretrial conference?
After the pre-trial hearing, the attorneys appear before the judge to advise the court on the status of the case. If there is a plea bargain, the lawyers will tell the court of the resolution and place the plea on the record by stating the terms of the resolution in open court.
Can you be sentenced at a pretrial conference?
If the two sides do reach an agreement, it's possible in some cases (especially those involving less serious misdemeanor charges) to resolve the case at the pre-trial conference. In such cases a judge will permit the defendant to enter a plea and will sentence him or her at that time.
Why are people held pretrial?
Many are jailed pretrial simply because they can't afford money bail, others because a probation, parole, or ICE office has placed a "hold" on their release. The number of people in jail pretrial has nearly quadrupled since the 1980s.
Can a case be dismissed at a status conference?
The judge will not dismiss the case at a status conference. That would require a motion to dismiss, or a motion for summary judgment, depending on the phase of the case.
What does continue mean in court?
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
What does cont set pre-trial mean?
CONT SET REPORT? means that on whatever day the case was on calendar it was continued ("CONT") / reset for a later date and on that later date it is set for report ("SET REPORT") / a status conference so that the Judge knows where both sides stand with regard to the litigation.
Can a case be dropped at pretrial?
If there is enough evidence to dismiss your case, your attorney can file a pretrial motion to dismiss instead of going through trial hearings.
Do both parties have to agree to a continuance?
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.
How many people are in jail for pretrial?
People in pretrial detention make up more than 70 percent of the U.S. jail population — roughly 536,000 people. Many of them remain behind bars solely because they cannot buy back their freedom.
Do you go to jail during a pre-trial?
Before the actual trial, several court appearances could be known as “pre-trial hearings.” These hearings allow the court to address various legal matters before the trial. However, there are times when a person might be arrested during a pre-trial hearing.
Who attends a pretrial conference?
The two sides try to settle the case
It may be a pretrial conference or a settlement conference. These are times for the lawyers to discuss if they can reach a settlement agreement (an agreement to end the case). The judge may meet with them as well.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Do victims go to pretrial conference?
Most states provide victims the right to participate in the criminal justice process. This can include the right to attend and be heard at all “critical” stages of criminal justice proceedings. Laws in 24 states address participation in hearings related to pretrial release and conditions.
What are the three most common pretrial motions?
- Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. ...
- Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence. ...
- Motion for Change of Venue – may be made for various reasons including pre-trial publicity.
How many times do you go to court before sentencing?
Some people only have to show up for court one time—when they enter a plea. Others may have to show up several times if the case is set for trial. However, you will rarely have to show up more than three or four times. As you might guess, felonies are entirely different.
What is a good reason for a continuance?
Common examples of reasons to request continuance include: Service of process not made upon a defendant. In civil cases, all defendants must be adequately served with legal documents. If the service of process fails, the court may grant a continuance to allow the defendant time to prepare a defense.
Why would a sentencing hearing be continued?
There could be a number of reasons as to why a Judge would approve a continuance for sentencing. There may be documents and reports that still need to be submitted to the court and reviewed. There can also be a scheduling conflict. When it comes to continuances, they can be granted for a variety of reasons.
Why would a lawyer file for a continuance?
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.