Pre-trial is a mandatory stage in a civil case, held after the last pleading is filed, where the court and the parties meet to explore settlement, simplify the issues, and prepare the case for trial. The parties must file a pre-trial brief in advance and attend, and failure to attend has serious consequences: if the plaintiff fails to appear, the case may be dismissed; if the defendant fails to appear, the plaintiff may present evidence ex parte. Cases are also referred to court-annexed mediation, and many are resolved without a full trial.
Many litigants think the real action is the trial. In truth, pre-trial often decides the shape — and sometimes the outcome — of a civil case. It is a mandatory stage that no party can safely take lightly.
What Pre-Trial Is
Pre-trial is a mandatory conference held after the last responsive pleading has been filed. The court sets it, and the parties and their counsel must attend. It is designed to narrow and prepare the case before any trial begins, and it is where a great deal of litigation is actually resolved or streamlined.
The Purposes of Pre-Trial
Pre-trial serves several goals:
- The possibility of an amicable settlement or submission to alternative dispute resolution — the court actively encourages the parties to settle;
- The simplification of the issues — identifying what is really in dispute;
- The stipulation of facts and documents — admitting what is not contested, so the trial focuses on the genuine disputes;
- The limitation of witnesses and marking of evidence; and
- Setting the trial schedule.
By admitting undisputed facts and marking evidence at pre-trial, the parties can drastically shorten the trial — sometimes to a few focused issues.
The Pre-Trial Brief
Before the conference, each party must file and serve a pre-trial brief (generally at least a few days before pre-trial), containing, among other things, a statement of their willingness to settle, the issues, the facts and documents to be stipulated, the witnesses and the substance of their testimony, and the evidence to be presented. Failure to file a pre-trial brief has the same effect as failure to appear at pre-trial — a serious consequence.
The Consequences of Not Attending
Attendance is not optional, and the penalties are real:
- If the plaintiff fails to appear (without valid cause), the case may be dismissed, generally with prejudice; and
- If the defendant fails to appear, the plaintiff may be allowed to present evidence ex parte, and the court may render judgment on that basis.
Because a case can be lost at pre-trial by simply not showing up (or not filing the brief), this stage demands the same seriousness as trial.
Court-Annexed Mediation and JDR
Consistent with the push to settle, cases are typically referred to Court-Annexed Mediation (CAM), and in some courts to Judicial Dispute Resolution (JDR), where a neutral helps the parties negotiate. A significant share of civil cases settle here, avoiding a full trial. A settlement is embodied in a compromise agreement that the court approves as a judgment.
Practical Advice
- Always attend pre-trial and file the pre-trial brief on time — missing either can dismiss or effectively lose your case.
- Prepare seriously: decide what facts and documents to stipulate, and be ready to discuss settlement.
- Take mediation seriously — many cases end here on better terms than a contested trial would give.
Frequently Asked Questions
What is pre-trial in a civil case? A mandatory conference after the last pleading is filed, where the court and parties explore settlement, simplify the issues, stipulate facts and documents, and prepare the case for trial.
What happens if I do not attend pre-trial? If the plaintiff fails to appear without valid cause, the case may be dismissed, generally with prejudice. If the defendant fails to appear, the plaintiff may present evidence ex parte and the court may rule on that basis.
Do I need to file a pre-trial brief? Yes. Each party must file and serve a pre-trial brief before the conference. Failure to file it has the same effect as failing to appear at pre-trial, a serious consequence.
Will my case go straight to trial after pre-trial? Not necessarily. Cases are usually referred to court-annexed mediation, and sometimes judicial dispute resolution, and many settle there. If not settled, pre-trial sets the trial with simplified issues and marked evidence.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have a civil case heading to pre-trial, preparation is decisive, and our firm can represent you. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.