Anyone undergoing a divorce in Massachusetts likely has heard the term “pretrial conference.” The Standing Orders of the Probate and Family Court require a pretrial conference in all divorce cases.
Rule 16 of the Massachusetts Rules of Domestic Relations Procedure sets out the purposes of the pretrial conference. According to that rule, the pretrial conference will consider the following:
- The simplification of the issues;
- The necessity or desirability of amendments to the pleadings;
- The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
- The limitation of the number of expert witnesses;
- The advisability of a preliminary reference of issues to a master;
- The possibility of settlement;
- Agreement as to damages; and
- Such other matters as may aid in the disposition of the action.
Before the pretrial conference, each party must submit a Pretrial Memorandum. It includes information on the eight categories. Along with that, they should each submit updated financial statements. You may need to provide other fresh paperwork, such as updated child support guidelines worksheets. Affidavits of care and custody might also be required.
The parties must hold a four-way conference before the conference and before submitting the documents. The wife, husband, and their respective attorneys should participate in the conference. Typically, the four-way conference takes place outside of court, such as in the offices of one of the attorneys. The parties negotiate the issues, aiming to resolve all or some of them. They also review what may transpire at trial. For example, they identify the contested issues and discuss the proof, witnesses, and exhibits to be introduced into evidence.
At the pretrial conference, which takes place in court and is formally placed on the docket, the parties continue negotiations. If the parties settle before or during the conference, the court may send the case to trial immediately on an uncontested basis. In this case, the court may resolve the case on the spot. The court will carefully balance resolving the case with ensuring the fair administration of justice.
If you have any questions about divorce and related issues, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.