What will happen in a civil preliminary hearing?

Answer 1

The case will be presented and and laid out to both sides and all aspects of the case will be discussed - possibly with an eye towards agreement without the necissity of resorting to the full judicial process.

Answer 2

Pretrials are typically used as a time for discovery and negotiations. The two sides will usually talk off the record to decide, without the judge being present, if an agreement can be reached. If there are other matters that need to be set for a hearing (such as a motion to suppress in a criminal case), they can be placed on the docket at that time.

Answer 3

A pretrial hearing (or conference, as it is sometimes called) differs depending upon the nature of the case (civil/criminal) and according to jurisdiction. For example, in a small claims court (civil case) it will give the court an idea of what the dispute is about. In many jurisdictions, the parties have to go to mediation at this stage to see if the dispute can be compromised. If no agreement is reached, it will be set for trial. Discovery is not conducted at this stage except to the extent that witness names may be disclosed.In larger civil cases, the purpose of a pretrial is to give the court an estimate of how long it will take to try the case, and prior to the pretrial, witness and exhibit lists are normally exchanged. In criminal cases, a pretrial may be when the defendant enters his/her initial plea. If the case ultimately us scheduled for trial, there may be another where time is estimated and witness and exhibit lists are exchanged.