Firm Trial Setting

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Latest post Sat, Jul 12 2008 2:46 AM by Taxagent. 4 replies.
  • Thu, Jul 10 2008 9:09 PM

    • roxy0201
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    • Joined on Thu, Mar 22 2007
    • AZ
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    Question [=?] Firm Trial Setting

    What is a Firm Trial setting?

    1. Trial set

    2. Closure of Discovery and Motions


    A. SUBSTANTIVE MOTIONS

    All substantive motions, including Rule 56 Motions, shall be filed no later than July 22, 2008.

    B. MARKING EXHIBITS FOR TRIAL

    Trial counsel are directed to personally meet no later than August 21, 2008 to discuss the exhibits prior to marking them for trial. Counsel shall attempt to agree on authenticity, foundation and admission of the exhibits to shorten the time spent on exhibits during the trial.


    Is "MARKING EXHIBITS FOR TRIAL" on August 21th the deadline for discovery/disclosure?

    Is "MARKING EXHIBITS FOR TRIAL" also the deadline for depositions?


  • Thu, Jul 10 2008 9:21 PM In reply to

    re: Firm Trial Setting

    I would say that the deadline for discovery, disclosure, and depositions would be July 22 which would give both sides up to a month to review all the material and meet to discuss the exhibits before marking them for trial.

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  • Fri, Jul 11 2008 10:10 AM In reply to

    re: Firm Trial Setting

    I assume you're quoting or paraphrasing some sort of pretrial order.

    "What is a Firm Trial setting?"

    It's the court's way of saying that the parties should not plan on the trial being continued.

    "Is "MARKING EXHIBITS FOR TRIAL" on August 21th the deadline for discovery/disclosure?"

    Nothing in your post suggests that's the case, and I'm not sure why you'd make this connection. I don't know about AZ, but, in CA, the discovery cutoff is set by statute.

    "Is "MARKING EXHIBITS FOR TRIAL" also the deadline for depositions?"

    Same answer.
  • Sat, Jul 12 2008 2:35 AM In reply to

    • roxy0201
      Consumer
    • Top 500 Contributor
    • Joined on Thu, Mar 22 2007
    • AZ
    • Posts 78

    Question [=?] re: Firm Trial Setting

    "It's the courts way of saying that the parties should not plan on the trial being continued."

    What does the "trial not being continued mean"?
  • Sat, Jul 12 2008 2:46 AM In reply to

    Feedback [*=*] re: Firm Trial Setting

    It means rescheduled. It is not unusual in litigation that the first trial date gets set and for one reason or another one party (or perhaps both) need more time to prepare their case and thus will want the court to move the trial to a later date. The request to do that is called a request for a continuance, and if it granted the court has "continued" the trial to the new trial date. If a court sets a firm trial date, that usually means the judge is signaling to the lawyers that this trial date won't be rescheduled so they should not expect for any continuance requests to be granted.
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