Are they considered pleadings?
Trial Management Conference Brief in relations to the Settlement Conference Brief?
Trial Management Conferences are the "hey, you're in trial in a couple weeks. If you can settle now, great, but let's just make sure no one is going to show up for the first day of court with nothing but a box full of tears".
No later than a month (and preferably much, much earlier) you should have:
- Prepared comprehensive joint statements of fact and requests to admit;
- Fully identified every fact and issue that is being contested;
- Fully identified which of your facts will be proved, which might be, with same for their facts;
- Know who all of your witnesses will be, what facts they will evidence and whether they have any adverse information;
- Considered who the other side will call as witness; and
- Prepared your offer(s) to settle.
The trial management conference brief also includes a draft of your opening statement. The opening statement is often regarded as the last step in trial preparation - if you don't know the trial inside and out, your opening statement will probably be garbage.
The TMC brief also forms part of the trial record.
There is no form specifically for an Offer to Settle but, there are templates you can purchase.
if you are at the point of a TMC and you are asking this question you might want to consider retaining a lawyer.
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