define: Pretrials

Pretrials (also known as prehearings) in divorce and family law proceeding are an opportunity to try to settle your case without the need for an actual trial. The pretrial takes place at the courthouse with your assigned judge (if one is assigned to your family law matter). Typically, the pretrial involves you and your attorney (if you have one) negotiating with the other party in the hall or conference rooms at the courthouse. The judge normally makes him or herself available if questions arise during the negotiation process. If a full or partial agreement is reached at the pretrial, that agreement should be read into the court record so that everyone is bound to the agreement (so no one can back out).

If a full agreement is not reached at the pretrial, then as part of the pretrial process you will schedule your divorce or other family law matter for a trial. Oftentimes this involves you (or your attorney) completing a pretrial order for a judge to sign. The pretrial order will include important deadlines prior to trial, such as a deadline to complete formal discovery, deadlines for important evaluations (custody evaluations, appraisals, etc.), deadlines for bringing any motions prior to trial and deadlines for exchanging witness and exhibit lists and exhibits prior to trial.

Parenting/Financial Disclosure Statement

Prior to your pretrial, you will need to complete a Parenting/Financial Disclosure Statement and exchange it with the other party and file it with the Court. In the Parenting/Financial Disclosure Statement, you will be updating your judge on your financial circumstances (incomes, assets, debts, etc.) and updating your judge on the status of any custody and parenting time arrangements that you have been following. It is important to complete this form completely, so that your judge is fully aware of your circumstances prior to trial. It will also allow the judge to assist, if appropriate, in any minor disagreements.

Contact a Minnesota Divorce Pretrial Attorney

If you have a pretrial coming up and you do not have an attorney, this would be a good time to hire an attorney. There are important trial deadlines established at the pretrial that you will be bound to. Also, if any agreements are reached at the pretrial and the other party wants to read them into the court record, you will want to know your rights, duties and obligations in connection with any such agreements. The attorneys at Blahnik, Prchal & Stoll regularly represent clients at divorce and family law pretrials. Contact our firm for a free initial consultation.