Jump to content

Pre Trial Brief


Recommended Posts

I've read some posts on this board discussing the pre-trial briefs and I really love that option. My question is if this is allowed in all jurisdictions? I've looked in the Missouri RCP and I can't find it anywhere. How many days before trial should it be submitted? I assume submitting to the court and the opposing counsel?

Thank you,

Link to comment
Share on other sites

I submitted a trial brief two days before trial and the next day, the plaintiff (Equable Ascent) dismissed with prejudice.

I don't know if it was the brief, or my motion to dismiss that I had filed two weeks earlier.

In retrospect, I got my case dismissed, so I prevailed, but there is risk in submitting a pre-trial brief. You are showing all your cards, allowing the JDB attorney to counter your strategy. Without it, they are expecting a bumbling pro se. Then if you come in with prepared oral arguments, they get blind sided.

So, there is risk both ways because obviously you could lose at trial.

Link to comment
Share on other sites

Here are a couple:

http://www.clearinghouse.net/chDocs/public/IM-MO-0001-0018.pdf

http://watchdogmedia.org/missouri/judiciary/district-court/kansas-city/royster-v-rizzo/2010-09-03-contestant-trial-brief.pdf

There is no specific rule I can find that says one way or the other. It seems that the hearing is for this. I guess it couldn't hurt to write one up, but get it to everybody a week before the hearing so they have time to review it. PDF form and a CD is a good way to do it.

62.01. Pre-Trial Procedure; Formulating Issues

In any civil action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

(1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses;

(5) The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;

(6) Such other matters as may aid in the disposition of the action.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.