미국 민사소송절차에서 변론전 회의(Pretrial Conference)

• 영문명: Pretrial Conference in American Civil Procedure
• 발행기관: 전남대학교 법학연구소
• 저자명: 오대성(Oh, Daesung)
• 간행물 정보: 『법학논총』제29권 제2호, 365~388쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

An informal meeting at which opposing attorneys confer, usu. with the judge, to work toward the disposition of the case by discussing matters of evidence and narrowing the issuse that will be tride. The conference takes place shortly before trial and ordinarily results in a pretrial order.- Often shortened to pretrial. The use of pretrial conferences has become the mechanism by which the case becomes structured, because of the liberalization of pleading requirements, Indeed, it typically is at a pretrial conference that counsel, talking informally with the judge, are able to agree as to what issues are in dispute. They can plan the course of the trial because they know what evidence and witnesses In many instances, a series of conferences may be used to schedule discovery as well as to structure the trial. There is no limit on the number of conferences. The judge has discretion to schedule pretrial conferences in both state and federal system, It is truly the judge who controls the effectiveness of the pretrial conference. The judge’s interest and familiarity with the case determines whether the parties actually will work toward some accord. The judge treads a careful line between coercing the parties and helping them to reach reasonable conclusions. At the conclusion of the pretrial conference, the judge enters a pretrial order incorporating all the parties’ stipulations, the list of witnesses and evidence agreed upon The order supersedes the pleadings and controls the remainder of the proceedings in that action.

목차

Ⅰ. 서 론

Ⅱ. 변론전 회의의 목적

Ⅲ. 변론전 회의 절차와 방법

Ⅳ. 변론전 회의에서 판사의 역할

Ⅴ. 변론전 회의의 議題

Ⅵ. 변론전의 결정

Ⅶ. 변론전 회의의 제한

Ⅷ. 결 론

키워드

변론전 회의 변론전 회합 재판전 회합 변론전 결정 소답교환절차 재판일정 증거개시절차 pretrial conference pretrial order pleading scheduling order discovery