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The Divorce Encyclopedia
Pretrial Procedure

Term Definition Pretrial Procedure - spade work done after a suit is filed but before a trial, including discovery, pleadings, and the preparation of adjudication.
Application in Divorce Discovery, pleadings, and the preparation for litigation add greatly to the cost of going to trial. In a divorce, many intimate details of a marriage become known in the discovery and pleadings associated with pretrial procedure, and in a trial they become public.

In general pretrial procedure includes all discovery and mandatory disclosures, including requests for documents, financial statements, interrogatories, depositions, subpoenas, admissions, requests for entrance.

Sometimes during pretrial procedure, discovery problems happen, when one party feels he or she is unreasonably burden by discovery requests.

Pretrial procedure is one reason why lawyers and their clients sign retainer agreements. A lawyer’s time, measured in hours and graduated in small fractions of an hour for billing purposes, is by far the largest single expense of going to trial, and a good portion of any case that goes to trial will be spent in pretrial procedures.

Pretrial procedure includes mapping a strategy for the plaintiff and a defense for the defendant.

See Discovery.

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