Herald of Civil Procedure
EN
main-photo

We in a citing index:

Pre-Trial Conference, Conclusion of a Settlement Agreement, Trial on the Merits in Civil Procedure of USA

G.O. Abolonin,
Candidate of Legal Sciences, Consultant on Legal Regulation of Investment, 
Judicial Protection of Rights and Legitimate Interests of Foreign Investors 


The article is devoted to the institutions of pre-trial conference and conclusion of a settlement agreement in the trial court in civil proceedings the United States. A pre-trial conference is held by the Court immediately after the presentation of evidence before the trial. A pre-trial conference is conducted by a judge and representatives of the parties. The main objective of this phase of United States civil procedure is to define the range of issues to be studied in the trial. Identifying the issues to be studied during the trial, based on the results of the pre-trial submission and examination of evidence in the case. By the end of the pre-trial conference judge render a determination ending the trial preparation (pre-trial order). A pre-trial conference is the usual procedure for United States federal courts, but many State courts allow a pre-trial conference only on selected categories of the most complicated, complex cases, for example, in cases involving multiple groups of people on the side of the plaintiffs or defendants. In such cases the court may hold one or more of the pre-trial conference immediately after the present a claim, during the stage of preparation of the case for trial. At these meetings, the pre-trial court resolves all important legal issues, including issues about discovery procedure. 

Keywords: United States civil procedure; settlement agreement; pre-trial conference.


References 

  Friedenthal J.H., Lane M.K., Miller A.R. Civil Procedure. West Publishing Co., 1985. P. 425. 
  Hazard J.C., Jr., Taruffo M. American Civil Procedure: An Introduction. Yale University Press, 1995. P. 121–122. 
  Istoriya gosudarstva i prava zarubezhnyhh stran [History of State and Law of Foreign Countries] (in Russian) / P.N. Galanza, B.S. Gromakov (eds.). M., 1980. P. 354–355 (authors of the ch. IX – P.N. Galanza, D.N. Gromakov). 
 Howard Ph.K. There is No «Right to Sue» // Wall Street Journal. 2002. July 31 (available at: http://online.wsj.com/articles/SB102807662822805480). 
   Arnold M.A. Historical Inquiry into the Right to Trial by Jury in Complex Civil Litigation // University of Pennsylvania Law Review. 1980. Vol. 128. P. 829. 
   Peck D.W. Do Juries Delay Justice? // Federal Rules Decisions. 1956. Vol. 18. P. 455. 
   Frank J. Courts on Trial: Myth and Reality in American Justice. Princeton University Press, 1949. P. 120. 
   Bohlander M. The German Advantage Revisited: An Inside View of German Civil Procedure in The Nineties // Tulane European and Civil Law Forum. 1998. Vol. 13. P. 25, 43. 
   Kötz H. Civil Justice in Europe and the United States // Duke Journal of Comparative & International Law. 2003. Vol. 13. No. 3. P. 64 (available at: http://scholarship.law.duke. edu/cgi/viewcontent.cgi?article=1138&context=djcil). 
   Tullock G. Trials on Trial: The Pure Theory of Legal Procedure. Columbia University Press, 1980. P. 25. 

Information about the author 

   Abolonin G.O. (Moscow) – Candidate of Legal Sciences, Consultant on Legal Regulation of Investment, Judicial Protection of Rights and Legitimate Interests of Foreign Investors (e-mail: [email protected]).

 el_.png   it_.png   book.png

G.O. Abolonin