August, 2003

Pre-Trial Conference

(Part 5 of a 6 Part Series on Divorce Procedure)

The purpose of the pre-trial conference is for the parties to present their case to the judge so s/he can understand the issues involved and see if a settlement can be reached.  Prior to attending this court hearing, the parties have to meet to discuss the case and see if they can settle it themselves.  (This is often called a 4-Way because it involves both parties and their respective attorneys.) 

If you don't settle your case at the 4-Way, you will need to prepare a Pre-Trial Memorandum for the court.  Here you lay out for the court what your case is about.  You include such things as (1) what facts are uncontested, (2) what facts are contested, (3) what issues are in dispute, (4) what your legal arguments are, (5) what witnesses you plan to call, etc.  The judge will read each party's memorandum before the pre-trial conference and get a good idea what your case is really about.  Therefore it is very important that you provide a complete and well written memorandum.  It is your best opportunity to argue your case before going to trial. 

At the conference the judge may give you an opportunity to present your arguments orally.  Or s/he may only ask certain specific questions the s/he has after reading your memorandum.  After listening to both sides s/he will probably give you an idea what s/he thinks about the case and then send you out to try one more time to settle your case. 

You will go out and sit down with a Family Service Officer (i.e mediator) who takes what the judge had to say and helps you reach an agreement.  Here's a tip.  If the judge gave a good indication of how s/he thinks your case go, then settle it and get on with your life.  Forcing the case through to trial just because you disagree with the judge only risks an even worse outcome.

But if no agreement can be reached, the court will set a date for trial and off you go.