What to expect at the Pre-Trial Conference
A lesser known part of the divorce process, but equally important
In our opinion, the best way to conquer any fear is through arming yourself with information, so let’s talk about the pre-trial conference, also known as the PTC!
If you have a pending case in the Massachusetts Probate and Family Court, you will be scheduled for a PTC no sooner than 6 months after service of the Summons. If you have not yet had a motion hearing in your case, this can be your first court appearance. This blog will explore how to prepare for the PTC, the purpose of the PTC and what to expect at the hearing, and next steps after the PTC.
How can I prepare for the PTC?
The court requires all parties and counsel to have a settlement conference (often referred to as a “4-way meeting”) to discuss settlement at least one week prior to the scheduled pre-trial conference. This will help narrow the scope of contested issues remaining in the case, and, in some matters, a full agreement can be reached at the 4-way.
The 4-way meeting is not a court appearance, and is more informal than a hearing. The clients can participate as much (or as little) as he/she would like in the discussions during the meeting. Settlement negotiations are considered confidential and cannot be disclosed in court to encourage the parties to offer and consider various proposals without it being used against them at trial.
If finances are involved in the case (including all divorces), we will need to update your Financial Statement to file with the court in advance of the pre-trial.
If a full agreement is not reached during the 4-way meeting, a Pre-Trial Memorandum must be filed with the court in advance of the PTC. The court requires the Memo to include specific information including: identifying the remaining contested issues in the case and your position on those issues, updating the court on the status of discovery, providing a proposed exhibit list for trial, a proposed witness list for trial, and an estimate of how much time would be needed for trial, etc.
What is the purpose of the PTC?
The purpose of the pre-trial conference is to inform the court of the status of the case to determine next steps, and for the judge to provide feedback to the attorneys and the parties that will (hopefully) enable them to resolve the remaining contested issues without the need for further litigation.
What can I expect at a PTC?
At the pre-trial, once your case is called, the parties and attorneys will go up to the tables at the front of the courtroom. Everyone will state their names for the record, and the parties will take their oath to be truthful in any testimony. Unless the judge asks you a specific question during the pre-trial, or, if your attorney prompts you to answer a question, this will be all the talking that you will do during the pre-trial conference. (To be blunt—Don’t speak unless your attorney tells you to!)
It can be very difficult to hear the other attorney confuse/misrepresent details or facts in court, or even tell straight-up lies about you to the judge. However, it is extremely important not to react or interrupt during the hearing. Try to keep as much of a poker face as possible. The judge will be making assumptions about you (whether they are fair or not) based on your behavior during the hearing which could ultimately impact his/her decisions in the case.
The Plaintiff’s attorney will have the opportunity to speak first to the court about the status of the case including details laid out in his/her Memorandum. The Defendant’s attorney will then get the opportunity to respond and be heard by the court. Some judges allow the attorneys to present without interruptions, saving questions (if any) for the end, while other judges will ask questions periodically throughout a lawyer’s presentation.
If there are no motions scheduled to be heard at the pre-trial, the judge shouldn’t be making any orders or changes to existing orders; however, the judge does have discretion to make sua sponte orders, meaning, orders on their own without a motion. So, in most circumstances, there shouldn’t be any major orders/changes made at the pre-trial, but there is a possibility for this to happen. For example, if there is high-conflict regarding custody or the parenting schedule in the case, the judge could appoint a Guardian Ad Litem (“GAL”) to do an investigation and make recommendations to the court about parenting issues, even if neither of the parties motioned for a GAL to be appointed.
At the end of the pre-trial, the judge will schedule a next event for the case, which could be a further pre-trial conference (which can also be referred to as a status conference or review hearing) or trial date(s). The judge could also order the parties to participate in conciliation (which is an alternative dispute resolution process).
What are the next steps after a PTC?
As the pre-trial can be emotionally overwhelming, we will debrief after and discuss the next steps based on the outcome. Taking some time to process the hearing, ingest the information, and talk it over with your non-legal support system is important. Then, we will re-connect after a few days to finalize and implement those next steps.
If you have more questions, you can get started by scheduling a free discovery call with our Office Liaison!