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Difference between Pre-Trial and Actual Trial


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Pre trial is for things like discussing settlement, or asking for certain things from the court- for instance in my state I need a pretrial to address the court to ask for any leave of the court for discovery, as we only have disclosure here other wise.  Or, the plaintiff would need one to ask for a subpoena for any bank records, (in my state, other states they can issue their own subpoena) but most of the time it is to see where each party is at in their case, how much discovery time left is needed, and setting the date for the actual Trial.  No you do not need to bring anything unless you were planning to submit a motion or something.

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What you are asking is very state specific. In my state and many others it is used to try and get you to work out a settlement. This is where a lot of those that didn't get a default end up giving in. All I do is just ask for a trial date. In other states it may be more formal, so you need to speak with someone familiar with the OK Court System.

 

Remember even if the other side is bluffing this is just another chance to make you sweat. Sometimes you may end up going to court three or four times before you get you real trial. Then they either proceed or dismiss. Even most who are willing to fight end up folding after sitting in a courtroom that many times. This is another part of the other sides strategy. You worry and lost sleep for months and they look at your case for a total of 20-30 minutes. You need to be ready because anything can happen!

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Also while in pretrial they will try to get all of your personal information, bank account, etc etc, tell them until you have a judgment in your hand you do not have the legal right to know this information and I will not voluntarily give it to you. If they tell you they cannot be sure they have the right person or some excuse to the same you tell them that is not your problem, they should have performed their due diligence before they filed a suit.

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