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Old 02-14-2006, 09:50 PM
FPI FPI is offline
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Default Case Conference

I'm just trying to fully understand what happens at a Case Confernece. Does the judge give his input and to what extent?
What else can happen there? Are cost awarded at a Case Confernece?
If my wife made an offer that each party cover thier own costs can she change her mind?
Old 02-14-2006, 10:07 PM
Grace Grace is offline
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A case conference is the first court appearance before a judge. It is relatively informal, a summary of the case called a case conference brief must be prepared, served and filed with the court.

The primary purpose of a case conference is to have a judge review the case and place the case on a schedule, especially with respect to any procedural steps that must be taken to move the case along. Such steps might include appointing the Children’s Lawyer or requiring financial disclosure by a certain date. The judge will also explore whether any issues can be settled, and if so, will make an order in accordance with the settlement. A judge may also give his or her opinion as to the merits of each party’s position.

If issues can't be settled at a case conference the next step is usally a motion. Case Conferences can be an effective way to settle issues based on the Judges opinions, however if one party has dug their heels in, it is simply a stepping stone to ongoing litigation.

In my particular case, costs have never been awarded for a case conference, each party paid their own legal fees. At the motion stage cost were always awarded.
Old 02-14-2006, 10:10 PM
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Thanks Grace for the quick response. Are motions made at the Case Conference?
Old 02-14-2006, 11:13 PM
logicalvelocity logicalvelocity is offline
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The Judge may set the case down for a motion date during the case conference and or a settlement conference/trial management conference.

If immediate relief is required it is best to use the motion route which would include sworn affidavits. A Judge would base his/her decision on the affidavit material submitted into the record. During the motion if affidavits are conflicted from each party the Judge may set the matter down for trial if facts are in dispute and are contradicting.

If the matter is simple and clear, the judge may endorse an interim order.

Last edited by logicalvelocity; 02-14-2006 at 11:46 PM.
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