Pretrial Conference Lawyers serving Boston, Massachusetts
Soon after a complaint is filed, whether it be a Complaint for Divorce, paternity, modification, or any other type of complaint, the court issues a Scheduling Order. In that Order, most matters are assigned a date for a Pre-Trial Conference.
Failure to appear at any scheduled hearing may result in a dismissal of the complaint or the entry of a judgment. Because of the strict time standards for which cases are to follow, litigants and their attorneys are not permitted to call the trial department for a continuance; dates may only be changed if a written Motion to Continue is allowed by the court.
As it relates to the Pre-Trial Conference, in its Scheduling Order, the court orders:
- At least one week before the day of the pre-trial conference, all parties and their lawyers shall meet and shall talk in person about the case. Referred to as a "Four-Way Meeting," the purpose is to try and settle the case. Even if the case can't be settled at the four-way, at least the parties and the attorneys may be able to narrow the issues they are arguing about. It is not uncommon to be able to resolve parenting issues and still be fighting about property division, alimony, or child support.
- If a domestic violence restraining order (G.L. c. 209A) or a domestic violence protective order (G.L. c. 208) has been issued for one party against the other and is still in effect, then you do not have to meet in person. The pretrial conference will still be held, and you must still be there.
Pre-Trial Conferences are used by the courts to thoroughly review the case and narrow the issues for trial. At the Pre-Trial Conference, all parties are required to file with the court a Pre-Trial Memorandum. The Pre-Trial Memorandum is a comprehensive legal pleading, drafted by counsel, to assist the court in better understanding each party's respective position relative to all outstanding issues that remain to be resolved between the parties.
In most instances, by thoroughly reviewing the case file including the Pre-Trial Memorandum, the court is able to narrow the issues between the parties. Moreover, it is usually the intent of both parties for the Pre-Trial Conference to be used as sort of a settlement conference to work and resolve their differences. If after the Pre-Trial Conference the parties are still unable to resolve their differences, the case will be scheduled for Trial.
Our Massachusetts Pre-Trial Conference Attorneys Probably Draft More Pre-Trial Memorandums in One Year Than Other Attorneys Draft Over Five Years.
Our concentration in domestic relations law makes us better at everything we do. For a free, no-obligation consultation, call (800) 763-1030, or Contact Us online to make an appointment.
It is the Pretrial Conference Attorney's job to draft a memo that outlines his or her client's position on the circumstances relating to the divorce, and present the story in the best light possible.
Prior to the Pre-Trial Conference taking place, the court issues another order which outlines the following requirement:
"Each lawyer and self-represented (pro se) party shall file a written memorandum with the court three days before the time of the pre-trial conference, and shall give a copy to each other's lawyer or self-represented party. The memorandum shall include the following:
- The date, time, and place that the in-person meeting was held, and who was present at the meeting.
- A comprehensive written statement of all facts the parties agree are true.
- A statement of contested issues of fact and law and progress towards settlement, if any.
- A statement that all discovery has been completed. If discovery has not been completed, an explanation of why it was not completed and a list of what remains to be done.
- If child custody is an issue, a statement of reasons why each party should, or should not, have custody.
- A list of all the people each party intends to call as witnesses at the trial, including for each person a brief statement identifying the person (for example, "sister of the wife").
- A list of all exhibits which each party intends to offer in evidence at the trial.
- Depositions each party intends to use at trial.
- A written agreement (if any) of the current values and costs of all real estate and personal property in issue. If the parties are unable to agree as to current values, each party shall submit an opinion of fair market value.
- If there are issues of alimony and/or division of property, a written statement of the evidence each party intends to produce at the trial with respect to each of the factors outlined in G.L. c. 208 §34.
- A realistic estimate of the number of hours or days that will be needed for the trial.
- If there are financial issues in the case, copies of current Financial Statement, with all required schedules and attachments, and any other pertinent financial data, shall be provided.
- If child support is an issue, a completed Child Support Guidelines Worksheet shall be attached to the memorandum."
In some cases, the four-way meeting was a success and the parties were able to resolve each of the contested issues. Should you be so lucky, the time between the four-way and the Pretrial Conference is when the attorneys draft the parties' separation agreement. The court date will be used to get you divorced, rather than argue contested issues before the judge.
If you can't come to an agreement by the end of the four-way conference or Pre-Trial Conference, hopefully the judge has given the parties enough input so they can narrow the issues and minimize the time and costs of trial.
We Approach Every Case As If We Are Headed All the Way to Trial
Up through the morning of the Pretrial Conference, and even before the judge takes the bench, our first hope is that the parties can resolve their differences and that we can use the Pretrial to get the parties divorced, but it doesn't always happen that way.
Just to be sure, our attorneys figure they have no choice but to prepare each divorce, custody, support, or post-divorce matter as if it is going to trial. Even in those cases where we believe (confidentially) the parties won't go so far, we still prepare to go all the way because when cases are litigated vigorously up to trial, the parties are more willing to be reasonable with each other.
Clients Often Change Attorneys Just Prior to Their Pretrial Conference
Men and women often come to our firm, just before or after their Pretrial Conference, asking about what happens if they change lawyers. In many cases, a fresh perspective or new set of arguments often gets cases resolved quicker. There is no reason you should be concerned about changing your attorney. Close to one-out-of-six cases of our new cases come from other attorneys who have not made their client happy.
If your case is not going the way that you had hoped, or you are simply not clicking or feeling comfortable with your attorney, consider hiring The Massachusetts Family Law Group. We have nine attorneys at our firm, we've represented cases in each of the different Probate and Family Courts, and we offer clients over 40 years of courtroom experience across virtually every type of divorce or family law practice area that has ever existed.
Call (800) 763-1030 or e-mail us to schedule your FREE, no-obligation consultation.
