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Getting Ready For Trial

Most of the progress of a federal case happens in what is called the pretrial phase, and will include actions that must occur before the start of the trial. Strict rules and policies dictate what happens at the pretrial stage of both types of cases. This is to be sure both sides are treated fairly and are afforded their rights equally. At the federal level, all filings, including briefs , are made electronically online. All hearings and trials happen in a courtroom that is open to the public, except in rare cases such as when a juvenile is involved.

Civil Pretrial
Criminal Pretrial
A person or entity (the plaintiff ) files a civil complaint against another person or entity (the defendant ).
The plaintiff must serve the defendant with the complaint by officially delivering it to them in person or electronically.
The defendant files and serves an answer , which is their response to the complaint.
If the defendant fails to respond, the plaintiff can request default judgment , meaning the case would be decided in favor of the plaintiff.
After the complaint and answer, the judge meets with the lawyers to work out a schedule. The judge issues a case management order , setting all dates and deadlines needed to manage the case.
The judge may refer the parties to alternative dispute resolution / mediation , where the parties may reach a settlement without the need for a trial.
If settlement cannot be reached, the case moves toward trial.
To prepare for trial, both sides will conduct discovery . During discovery, both parties gather all the information and evidence they will present in court. Both sides can take depositions of witnesses. Either side can request documents and statements from the other side when building their case.
Both parties are required to disclose everything they’ve collected about the case to each other, during the pretrial phase. It’s common for a settlement to be reached after discovery, but before trial.
For example, either party can file a motion to compel the other party to give up certain evidence needed for discovery.
A motion in limine asks the judge to exclude certain evidence from being used by the other side.
Another common motion filed is for summary judgment , which requests the judge to rule for the party filing the motion. The party filing the motion for summary judgment will argue that no facts are in dispute, so there is no need for a trial.
The attorneys for both parties are required to attend a final pretrial status conference to inform the court how they are proceeding in preparation for trial.
Suspicious activity occurs and is investigated. An arrest may happen at this stage.
The U.S. Attorney in that federal district seeks an indictment from the Grand Jury . The grand jury sees evidence and hears testimony. Only the prosecution presents evidence to the grand jury. The accused person does not have any right to present evidence to the grand jury.
The grand jury decides if there is enough evidence to proceed with prosecution or not. If not, the case is dismissed.
If an indictment is issued, the prosecuting attorney for the government seeks an arrest warrant from a judge. The defendant can surrender, or may be arrested by the U.S. Marshals Service.
The defendant meets with a Pretrial Services Officer , who prepares a report recommending whether or not the person should be released on bail.
The defendant appears before a Magistrate Judge to hear charges – called an initial appearance . At this hearing, the defendant is asked if they have an attorney, or if they need an attorney appointed for them because they can’t afford it.
If the government’s attorney seeks to have the defendant detained until trial, a detention hearing is held. The defendant is present, and is represented by a lawyer, at this and all future hearings. The judge will use the report from the pretrial services officer, among other things, to make the decision.
The defendant is either released on bail or kept in custody until the next court date. If released, the defendant usually must follow conditions like submitting to drug testing and reporting to a pretrial services officer while awaiting trial.
The defendant appears before a magistrate judge to be formally advised of the charges, and to enter not guilty plea – this is called an arraignment .
If plea is later changed to guilty, a hearing is scheduled before the District Judge for the defendant to enter the guilty plea . After entering a guilty plea, the defendant will then meet with a Probation Officer , who prepares a pre-sentence report. The defendant will appear before a district judge at a separate hearing, to be sentenced .
If the plea is not guilty, then the attorneys will begin preparing for trial. During pretrial discovery , the defense attorney and the prosecuting attorney conduct an investigation to gather all the information and evidence they will present in court.
The government must disclose the information and evidence they have against the defendant, so that the defendant and their attorney can prepare the defense.
Both sides can file pretrial motions seeking information from the opposing side or rulings from the judge. The defendant can seek to suppress evidence, statements, or identification that were obtained in violation of his/her constitutional rights, or otherwise challenge the charges.

Let’s Make a Deal

Realistically, only a small percentage of federal cases, criminal or civil, actually go through the entire trial process. Because trials are risky, many parties look to settle their differences during the “pretrial” phase of the process.

In criminal cases, the defendant will likely get a shorter sentence or less harsh punishment by accepting responsibility by pleading guilty. The prosecutor may agree to drop some of the charges if the defendant admits guilt. The defendant’s attorney works with the prosecutor to come to terms both sides can agree with. These pretrial negotiations, sometimes called a plea bargain , do not involve the judge until the defendant formally changes their plea from not guilty to guilty. At that time, the judge will put the defendant under oath, and ask a series of questions to determine not only that the defendant is competent to enter the plea, but also that he is doing so truthfully and willingly. Once the judge accepts the guilty plea on the record, a sentencing hearing is scheduled for a future date. Visit the Student Center page about Your Day in Court to learn more.

In federal civil cases, the judge often recommends or requires the parties to attempt to reach a settlement in the pretrial phase. This often takes the form of Alternative Dispute Resolution(ADR) or mediation . This provides a cheaper and faster way for parties in a civil law suit to settle their disagreement without a full trial. This process is non-binding until an actual settlement is reached, so the parties can request an actual trial at any time. An impartial person, sometimes called a neutral or a mediator , facilitates discussions between the two sides, to assist them in coming to an agreement. Many civil disputes must first go through the mediation process, by order of the judge. All mediation proceedings are confidential, and never become part of the court record. If the parties don’t reach a settlement this way, the case will continue to proceed through the court system.

Tenants filing Answers/Affidavits for eviction notices in Las Vegas can file online from www.lacsn.org/efile by choosing ''SUMMARY EVICTION: Tenant's Answer.'' For eviction prevention tips, click here . For a list of current rental assistance programs, click here .

Preparing For A Trial - Civil Law Self-Help Center

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Preparing For A Trial

Learn some of the things you must attend to as trial approaches, including attending pretrial and settlement conferences, preparing trial memoranda, and subpoening trial witnesses.

In a civil case, nearly everything the parties do is in some way preparing for trial. For example:

The plaintiff files a complaint to start the case. That complaint states plaintiff’s legal claims and what the plaintiff wants. If plaintiff’s claims have not been resolved by motion during the case, they will be decided at trial. And at the end of the trial, the court or a jury will decide what plaintiff gets, if anything.
The defendant files an answer to respond to plaintiff’s allegations. The answer states defendant’s defenses. If those defenses have not been resolved during the case, they will be resolved at trial.
Both parties exchange documents and lists of witnesses at the beginning of the case. The parties might also engage in discovery to get additional documents and information. The purpose of all that fact and document gathering is to get evidence to present at trial.

As the trial date approaches, both parties will organize their cases and get ready for the big day that will finally decide the case. If the judge has issued a trial setting order (which most judges do), study it carefully. It probably contains deadlines and other requirements you must comply with before trial.

FYI! If your case is in the arbitration program, you’ll prepare for “arbitration” rather than “trial.” But many of the same considerations apply. Study all the arbitrator’s orders carefully. You probably have deadlines and other requirements as the arbitration approaches. Also familiarize yourself with the arbitration rules. Click to visit the ADR Commissioner website to learn more.

Entire books have been written about trial preparation, trial strategy, and trial procedure. Such in-depth discussion is beyond this website’s scope. Below, you will find general information on some things to be aware of as trial approaches, such as: Settlement conferences Pretrial conferences Trial memoranda Subpoenas for witnesses

But if you seriously intend to represent yourself at trial, go to your local law library and ask the librarian for assistance finding simplified guidebooks and instructional videos on trials, evidence, and witness examination. Better yet, hire a lawyer to represent you!

For library location and contact information, click to visit Law Libraries . For information about hiring a lawyer, click to visit Lawyers and Legal Help .

Settlement Conferences

At any time in a civil case, the judge can order the parties to meet in person with a judge (who is not assigned to the case) to attempt to settle the case before trial. (SCR 252; EDCR 2.51; LVJC 24.5.)

FYI! You can also ask the judge to set a settlement conference in your case! (EDCR 2.51.) Sometimes settling the case for terms you can live with is better than taking the risk of losing everything at trial. A settlement judge can give you and the other side a frank evaluation of the strengths and weaknesses in your case. You and the other side might be too close to the case to see it realistically. A settlement judge’s perspective might be just what you need to get the case resolved.

How a settlement judge conducts a settlement conference varies from judge to judge. The settlement judge will usually tell you what he or she expects and how the settlement conference will be conducted. If you have questions, call the settlement judge’s assistant for clarification.

The district court’s rules require the parties to submit settlement briefs before the settlement conference. (EDCR 2.51.) These briefs are confidential, and only the settlement judge sees them. A settlement brief might contain such things as:

A description of the facts of the case
An analysis of the strong points and weak points of your case and the other side’s case
An analysis of the evidence that supports your case and the other side’s case
A history of settlement discussions between you and the other side
A settlement proposal from you (what you would be willing to make or accept to end the case)

If your case is in the district court, Eight Judicial District Court Rule 2.51 says exactly what you must include in your settlement brief. Click to visit District Court Rules .

If you are able to settle the case, the settlement judge typically enters the agreement into the court’s minutes as an order. But the agreement might also be written out and signed by the parties.

Pretrial Conferences

The judge can order the parties to appear at one or more pretrial conferences. (NRCP 16; JCRCP 16.)

The purpose of the conferences is generally to make sure that trial preparation and the trial itself are focused, streamlined, well managed, and expedited. Topics at the conferences might include such things as:

How to simplify the issues in the case and get rid of frivolous claims and defenses
Whether the pleadings in the case need to be amended
Whether the parties can agree that certain facts and documents should be admitted so they do not have to submit proof of those facts or documents at trial
Whether it makes sense to refer some preliminary matters to a special master
Limitations on the time of trial and time to present evidence
Possible settlement of the case
Anything else that might aid in the just, speedy, and inexpensive disposition of the case

All parties are required to attend any scheduled pretrial conference. They are also required to be prepared and to participate in good faith. If a party fails to attend or participate, the court could sanction them and even dismiss their case.

To learn more about pretrial conferences, study the court rules:

If your case is in district court, study Nevada Rule of Civil Procedure 16 and Eighth Judicial District Court Rule 2.67 and 2.68. You might also need to prepare and file a pre-trial memorandum, so study Eighth Judicial District Court Rule 2.67 carefully. Click to visit District Court Rules .
If your case is in the justice court (other than Las Vegas), study Justice Court Rule of Civil Procedure 16. Click to visit Justice Court Rules .
If your case is in the Las Vegas Justice Court, study Justice Court Rule of Civil Procedure 16 and Justice Court Rules of Las Vegas Township 24. Click to visit Justice Court Rules .

Trial Memoranda

The judge might order the parties to prepare and file a written trial memorandum.

The purpose of a trial memorandum is to assist the court at trial. Among other things, a trial memo might include:

An outline of the important facts and how those facts support your claims
A list of the claims for relief you included in your pleadings and the damages being sought for each claim
A list of defenses
A list of exhibits
A list of witnesses
A statement of the issues of law that need to be addressed at trial

Read any order from the court carefully to see whether it requires you to submit a trial memorandum and what that memo must address.

TIP! Even if the judge does not require a trial memo, it might be a good idea to submit one. In district court, you can file a trial memo at any time before close of trial, so long as the judge hasn’t ordered something else. (EDCR 7.27.) In the Las Vegas Justice Court, you should submit your memo at least fifteen days before trial. (JCRLV 23.)

To learn more about trial memos, study the court rules:

If your case is in the district court, in addition to a trial memorandum ordered by the judge, you might need to file a pre-trial memorandum. Study Eighth Judicial District Court Rule 2.67. Click to visit District Court Rules .
If your case is in the Las Vegas Justice Court, study Justice Court Rules of Las Vegas 23. That rule says what a pretrial memorandum must contain. Click to visit Justice Court Rules .

Subpoenas for Witnesses

A subpoena is an order requiring a person to attend a particular event or proceeding, such as a trial. A subpoena duces tecum is an order requiring a person to attend and bring documents with them.

You should ordinarily serve a subpoena on all witnesses you need to testify at trial. It is a good idea to do this as soon as possible so they can make arrangements at work, for child care, and the like.

If you are representing yourself, you must have the court clerk issue the subpoena before you serve it. (NRCP 45; JCRCP 45.) To do that, fill out a subpoena form and be sure to include the following information:

The name of the court where your case is filed
The title of the action
The case number
A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)

You must then submit your completed subpoena form to the clerk who will “issue” the subpoena (meaning the clerk will sign or stamp it). You will then need to have your subpoena “served” (delivered) to the person named in the subpoena who you are requiring to appear.

A subpoena for appearance at trial (with and without documents) is available, free of charge, at the Self-Help Center, or you can download it on your computer by clicking one of the formats underneath the form’s title below:

JUSTICE COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITHOUT DOCUMENTS) Pdf Fillable

JUSTICE COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITH DOCUMENTS) PDF Fillable

DISTRICT COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITHOUT DOCUMENTS) Pdf Nonfillable

DISTRICT COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITH DOCUMENTS) Pdf Nonfillable

You must arrange to have the subpoena served personally on the person named in the subpoena. The subpoena can be served by a constable, sheriff, private process server, or any person over eighteen years old who is not a party to the case.

Along with the subpoena, you must also serve a check for a witness fee. The fees are currently $25 a day plus $0.58 per mile (estimate the number of miles for a round trip to the court or wherever you are requiring the person to appear).

You must file proof of service of the subpoena with the court. An affidavit of service is included as part of the subpoena form. The person who serves the subpoena must fill out the affidavit of service, and you will file the entire subpoena with the court clerk.

A person who receives a subpoena can file a motion to “quash” (invalidate) or modify the subpoena if the subpoena requires compliance in an unreasonable amount of time, requires a someone not a party to the case to travel more than 100 miles, requires disclosure of privileged information, or subjects a person to an undue burden.

Failure by any person to obey a subpoena can be deemed a contempt of the court. (NRCP 45(e).) The court can fine the person up to $500 and imprison the person for up to twenty-five days. (NRS 22.100(2).) Additionally, a witness who disobeys a subpoena could be required to pay $100 and all damages sustained as a result of their failure to attend, and a warrant could issue for the witness' arrest. (NRS 50.195, 50.205).

Overview Of A Civil Case
Pre-Filing Stage: Before You File A Case
Pleading Stage: Filing A Complaint or Responding To A Complaint
Discovery Stage: Getting The Information You Need
Pre-Trial Stage: Filing And Opposing Motions
Trial Stage: Your Day In Court
Post-Trial Stage: After The Dust Settles

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This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Civil Law Self-Help Center through a contract with Clark County, Nevada. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation.

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