Q - Describe in detail all the pre-trial procedures followed in California for a Civil law suit with the

applicable provisions.

Preliminary proceedings are mandatory in all proceedings initiated in an action. A preliminary trial will
be scheduled after the party files the minutes of the trial. The pre-trial appointment process varies from
region to region. Typically, after filing the court record, the court will send a notice outlining the
procedure for setting pre-trial and trial dates, either by attending the scheduling court, filling out a form,
or by correspondence with the court clerk.

Under Rule 50.02(3), a judge may at his or her own initiative or a party’s request direct that a pre-trial
conference be held, which may occur where it appears an early pre-trial would assist the parties in
resolving some or all of the issues in dispute in a proceeding.

Materials to be file

Before the pre-trial conference, both parties must submit brief summaries summarizing their position on
the case. The -purpose of the summary is to help the Pre-Trial Judge (and the other side) understand
each side’s position. The memorandum filed by each party should explain what is at stake, summarize
the main evidence supporting each party’s position, and possibly include a reference to applicable case
law if the case involves complex legal issues. Pre-trial briefs must be filed five working days before pre-
trial proceedings.

The summary report of the pre-trial conference should contain the key documents needed to
understand the case. It is not necessary or desirable to include all documents in a case, and the parties
must exercise discretion in deciding which documents to include. For each judicial district, there are pre-
trial forms for each region, and the appropriate form must be completed. The form will include a list of
expected witnesses with an estimated time for their testimony.

Attendance under rule 1.08

The presence of lawyers and the parties themselves is mandatory, except where personal attendance
requires undue travel time or expense, in which case presence by telephone or video link is permitted
under Rule 1.08. If a representative of the corporate party is present, the representative present must
have the authority to settle the case. In cases where the stated claims are covered by an insurance
policy, a representative of the insurance company is usually present at the pre-trial proceedings, and not
the named defendant himself.

Issue to be consider

Rule 50.06 sets out the issues to be considered at the pre-trial stage. In short, the lawyer or party
present must be prepared to discuss both the settlement of the claim and all other matters necessary to
ensure that the case is ready for trial, including, most importantly, the estimate of time for witnesses
and any steps that need to be taken prior to trial. The parties must resolve any remaining issues that
need to be resolved during the trial at the pre-trial stage. For example, any pending solicitations,
outstanding obligations, or documents required from other parties should be discussed.

Judge’s power at pre trial

The judge presiding over the pre-trial conference has the power to schedule any steps that still need to
be taken in the process (such as motions or the exchange of expert opinions) and issue other orders
regarding the conduct of the trial. Process As noted above, pre-trial has an important case management
function and, accordingly, judges can issue case management orders necessary to ensure that a case is
ready for trial.

Rule 50.07(1) provides that the judge may issue orders under Rule 20.05, which provides for a wide
range of orders, when a motion for summary judgment has been made but denied or only partially
granted. The pre-trial judge generally does not rule on substantive contested or non-procedural matters
and does not issue rulings that bind the trial judge in relation to the conduct of the trial. The ultimate
control of the trial judge over the trial is also reflected in Rule 50.07.which provides that a pre-trial
order under Rule 50 binds the parties unless the trial judge “determines otherwise to prevent
injustice”.

Confidentiality of it

Since part of the purpose of the pre-trial meeting is to help resolve the dispute, what is said in the pre-
trial meeting is confidential and cannot be used later in the course of the trial. This is achieved by Rule
50.09, which prohibits the disclosure of anything said in pre-trial to a subsequent hearing, and Rule
50.10, which provides that the pre-trial judge will not be the hearing judge. The purpose of these Rules
is to promote frank discussion without fear that concessions made by either party will be used later or
otherwise affect the hearing. Rule 50.10(2) provides that the trial judge may still call a conference
without depriving himself of the right to preside over the trial.

Document for Pre-trials

Important documents must be attached to the pre-trial memorandum. These documents should include
documents that are key to understanding the case, including pleadings (statement of claim, response to
the claim, etc.). Which documents to include will vary depending on the nature and complexity of the
case, but in all cases the parties must be selective about which documents are provided. The brief
should be focused and there is no need to include all documents relevant to the case. Unlike the
affidavit of documents under Rule 30, there is no obligation to include documents unfavourable to a
party’s case in a pre-trial brief, although for the purposes of good defence, documents unfavourable to a
party’s case will be identified and dealt with.

Cost of pre- trial

As stated in Rule 57 – Costs of Litigation , in civil litigation the prevailing party is generally entitled to
recover a portion of any legal costs (simply referred to as “costs”) they incur in the course of the
proceedings from the losing party. Upon completion of the proceedings or, in the case of costs
associated with the application, upon completion of the application. The costs of the pre-trial
conference are usually considered as part of the main proceedings (i.e. they are considered at the end of
the proceedings when considering the costs of the entire proceedings).

Costs are awarded at a pre-trial conference very rarely, although in rare cases costs may be awarded to
punish a party’s misconduct (eg, failure to appear or improper participation).

CASE conferences
Rule 50.13 provides for deliberations that are available at the request of a party or on the judge’s own
initiative. The purpose of a case conference is to resolve procedural or scheduling issues and to generally
ensure the orderly progress of the trial. A case deliberation is a relatively informal meeting or
teleconference between the parties and the judge to, among other things, clear obstacles to moving the
case forward, set a timetable for any remaining steps in the process, and otherwise ensure smooth
progress. Business without unnecessary movements. A judge at a hearing on a case may issue
procedural and other decisions, but, as a rule, does not issue contested decisions on the merits of the
case itself. The judge may give directions (order steps to be taken in the proceedings or other matters)
or call a hearing (schedule a formal court hearing at which the disputed issues are to be discussed in
open court).

CASES

 myNext Corp v Pacific Mortgage Group Inc

The Court held that barring a Pre-Trial Judge from being a Trial Judge does not prevent a Pre-Trial Judge
from hearing a subsequent Motion to Stay.

 Lyons Estate v Freeman

The defendants were granted permission to file part of their pre-trial brief in response to the
allegation that the plaintiff was taken by surprise by some of the defense’s arguments.
 Royal Bank of Canada v Hussain

The pre-trial judge cannot hear a subsequent motion for summary judgment: “In view of these
factors, rules 50.09 and 50.10 should be interpreted as prohibiting the pre-trial judge from presiding
over a motion for summary judgment for except with the written consent of all parties.”