A Trial Management Conference is like a dress rehearsal for the upcoming legal drama that is the trial, where lawyers, the parties involved, and a judge cross paths.

Picture this scene: the judicial representative sits like the conductor of an orchestra, while attorneys play their instruments, each preparing for their part in the symphony that is the trial.

Crunching numbers, one could say, is the lifeblood of a TMC. Looking at a 2016 Court Statistics Project, almost 2.4 million civil cases poured into state courts in the United States alone.

With such a load, TMCs act as the pressure release valve, carefully setting out the rhythm of the upcoming trial, defining each beat, and each pause.

Understanding Trial Management Conferences: A Comprehensive Guide

While TMCs are like the backstage of the theatre, they’re far from a mere dress rehearsal. Think of it as a football team’s tactical meeting before a decisive match.

They’re where crucial decisions regarding the course of the trial take place. The team, or in this case, the parties involved, lay out their strategies and arguments, readying themselves for the big game.

Ever wonder about the delays in court cases, the infamous ‘justice delayed’? A survey by the Federal Judicial Center in 2018 found that U.S. district court cases could linger for a median of 27.2 months.

The TMC serves as the antidote to this malady. With strategic planning and scheduling, TMCs cut down the timeframe, and streamline the process, keeping the wheels of justice spinning faster.

What to Expect at a Trial Management Conference: Key Insights

Plenty of these conferences occur every year. The U.S. Courts’ statistical reports for the fiscal year 2020 stated that there were 362,827 civil case terminations. Each termination involves a number of TMCs, like stations on a railway line, making sure the train of justice reaches its destination smoothly and promptly.

Like a builder laying the groundwork for a skyscraper, the TMC lays the foundation for the trial. Judges work out housekeeping matters. They’re the traffic lights in the bustling intersection of the trial, deciding when to go and when to stop.

The use of witnesses, and presentation of evidence, are all choreographed during these sessions.

Exploring the Role of a Trial Management Conference in Law

These conferences are critical for limiting the scope of the trial. A survey by the National Center for State Courts found that a median trial duration was approximately 2 days in a jury trial and 1 day in a bench trial.

Without TMCs, these numbers would likely skyrocket, turning courts into perpetual battlegrounds, choked with countless irrelevant issues.

In the grand chess game that is the legal process, a TMC is the moment when players scrutinize the board, planning their moves. It’s not the game itself, but without it, one could argue that the trial might end up a chaotic scrimmage, losing sight of the ultimate goal: justice.

The TMC is an integral and unassuming part of the justice system. It may not make headlines, but its influence seeps into every trial. With the careful management of these conferences, the gears of justice continue to turn, keeping the clockwork of law and order ticking in society.

What Happens At The Trial Management Conference?

The first stage at a trial management conference (TMC) is the discussion of pre-trial motions. Lawyers representing each side bring up preliminary points, which may include the admissibility of evidence or objections to witness lists.

The American Bar Association’s survey highlights that about 80% of cases had at least one significant pre-trial motion to resolve.

Next, the scope and format of the trial are agreed upon. Both parties, with the judge, determine the sequence of witness testimonies and arguments.

According to a 2022 survey by the National Center for State Courts, in 90% of TMCs, case timelines, and witness lists are modified to streamline proceedings.

Trial Management Conferences: Your Ultimate FAQ Guide

Case management also takes place, ensuring an efficient trial process. Judges use this platform to push for settlements, where feasible, with statistics from the Federal Judicial Center revealing that judges encourage settlement discussions in nearly 70% of civil cases during the TMC stage.

The fourth process involves an examination of evidence. Here, attorneys examine the opposing side’s evidence, contest its validity, or seek further disclosures. Legal Services Corporation reported in 2023 that in nearly 60% of cases, additional document disclosure requests were made at TMCs.

Finally, the judge may address special needs for the trial. This may involve special technology needs, interpreters, or expert witnesses. In 2023, the Bureau of Justice Statistics reported that special provisions were needed in approximately 40% of all cases.

From tech requirements to accessibility, every detail matters to ensure fair trials.

Throughout these steps, the Trial Management Conference serves as a crucial milestone in the litigation process, helping to streamline and clarify proceedings before the trial officially begins.

TMCs in Small Claims Court

In small claims court, there is something called the trial management conference.

The trial conference is informal and is geared towards trying to resolve the problem. During the trial conference, it is possible to ask questions of the judge. Many people self-represent in small claims court.

They will do the reply or claim themselves and will go as far as the settlement conference. However, once things get towards the trial conference and trial, many decide to hire a business lawyer.

Getting Ready For Trial

Do you know anything about getting ready for trial? Do you know how to set a court date? What about how to call witnesses during a trial? The court process is not as simple as many people believe it to be. You will have to provide an opening statement during a trial. You need to make sure it counts.

At the minimum, get legal coaching from a lawyer. This will save you a lot of money. Also, keep in mind there are some judges out there that are offended by self-represented individuals.

It’s not fair, but it happens more than you would think. Some judges think you need to earn the right to speak to them (by having a license to practice law.)

Opening Statement And Setting The Trial Date

During the conference, the judge will not be able to make a final ruling unless both parties consent. The judge can make orders that will make things easy. At a trial conference, the judge will review the claim and figure out how long the trial needs to go on.

The judge will also decide on what issues do not require evidence.

The judge will also explain what paperwork should be submitted to the other party before trial (discovery.) Also, what evidence needs to be shown to the judge during the trial?

There are a number of forms you need to file before the trial conference. One is the trial statement form. You cannot be late in filing documents. In this form, you will write out a few pages about the events that happened.

Small Claims Court Trial Management Conference

There will be a different court process for family court, criminal court, supreme court, and provincial court. In this article, we are focusing on the small claims court and the BC supreme court. This is the trial management conference for a civil dispute. Let’s say someone is suing for $30,000.

They are told they need to go to the conference. A trial conference is a 30-minute meeting with a judge that takes place before the trial. The trial conference often saves time and reduces the amount of time during the trial.

Preparing For Trial Management Conference

Attending the trial management conference is mandatory. If someone has a lawyer they normally do not have to go. However, they should make themselves available to be called by their lawyer.

Sometimes someone can attend the conference by telephone or video chat. If you don’t show up, you will likely have to pay the other side’s legal fees and won’t have your voice heard.

The judge will likely make decisions about if the witnesses can provide written submissions or need to appear in person. There will also likely be time limits set for certain things. This may include the opening arguments, closing arguments, and examinations of witnesses.

Getting Your Brief Ready

Here are a few terms associated with a trial management conference…

• attending the trial
• family law, criminal law, or civil law
• the supreme court or Provincial court
• getting ready for trial
• making sure witnesses are present at trial
• setting a court date
• figuring out the specific legal problem
• plan to call witnesses
• review expert reports
• preparing your opening statement
• trying to settle the case
• being clear on the court process

We hope you found this article on what a trial management conference is useful.

Alistair Vigier is the CEO of ClearWay Law