Pre- Trial Hearing - Thurs., 12/11/08 at 9:00 AM

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Babyfeets said:
So... will it be the pre-trial where JB would ask for a extension, or a change of venue? Inquiring minds want to know!
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No.

He can generally do that before, during, or after the pre-trial.

Fl Rule Crim Procedure 3.240:
(c) Time for Filing. A motion for change of venue shall be filed no less than 10 days before the time the case is
called for trial unless good cause is shown for failure to file within such time.
 
I gather you have to pay to see court tv on line... streaming video etc.
http://www.trutv.com/copyright/
I don't see any schedule for I have no idea if they are covering it other than through cnn. I am sure that one of the local papers will cover.. I wish it was available in real time. I like to make up my own mind about trials. I sure miss court tv streaming live. :mad:
 
tinkerbell65 said:
[edit] Pre-trial
The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the ordered exchange of evidence and statements between the parties based on what they each expect to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory.

At the close of discovery, the parties may pick a jury and then have a trial by jury. Or, the case may proceed as a bench trial heard only by the judge, if the parties waive a jury trial, or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.
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Thank You! :)
 
tinkerbell65 said:
[edit] Pre-trial
The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the ordered exchange of evidence and statements between the parties based on what they each expect to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory.

At the close of discovery, the parties may pick a jury and then have a trial by jury. Or, the case may proceed as a bench trial heard only by the judge, if the parties waive a jury trial, or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.
Click to expand...


Hi, :wave::)

That's a good summary of some of the events that are happening pre-trial, in the sense that they can occur prior to trial.

But, all those things don't happen at the pre-trial itself.

It is more of a discussion and negotiation session than a one date mind-boggling event.

Discovery is already ongoing with obligations attached to both sides.

Pre-trial motions can be filed before , during, or after the pre-trial.

Per the criminal rules of Florida, the defendant can waive presence at the pre-trial if the waiver is in writing.

It could have a stunning development, and that is unusual but so is this case.
Or, it could likely be one of those "what happened? It's over? events.

It is necessary for the Courts to keep an eye on how cases are proceeding and the status of how things are moving along.:)
 
scarlett_hues said:
Does Casey have to appear this time? TIA
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No.

From Florida rules criminal procedure:

RULE 3.180. PRESENCE OF DEFENDANT
(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:(1) at first appearance;
(2) when a plea is made, unless a written plea of not guilty shall be made in writing under the provisions of rule
3.170(a);
(3) at any pretrial conference, unless waived by the defendant in writing;
 
After reading the thread last night about the Geraldo show, I watched when it came on a second time. Geraldo mentioned to Baez in passing about the trial being viewed nationally and internationally.
I do not have a link, but Geraldo certainly said it!
 
MiraclesHappen said:
No.

From Florida rules criminal procedure:

RULE 3.180. PRESENCE OF DEFENDANT
(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:(1) at first appearance;
(2) when a plea is made, unless a written plea of not guilty shall be made in writing under the provisions of rule
3.170(a);
(3) at any pretrial conference, unless waived by the defendant in writing;
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Thank you, MiraclesHappen!

:blowkiss:
 
JB will be on TruTV tomorrow at 11am to answer ?'s @ the case for an hr.

If anyone didn't know TruTV has been discussing the case off & on today. They are discussing it now & Kobi was on earlier.
 
Manny said:
I gather you have to pay to see court tv on line... streaming video etc.
http://www.trutv.com/copyright/
I don't see any schedule for I have no idea if they are covering it other than through cnn. I am sure that one of the local papers will cover.. I wish it was available in real time. I like to make up my own mind about trials. I sure miss court tv streaming live. :mad:
Click to expand...


Don't worry...alot of tv stations do live streaming of these cases usually on the day of the event....so keep an active watch that day at the local florida tv stations...WESH, Fox Orlando and WFTV.....one of em if not all of em will probably have it live.
 
MiraclesHappen said:
No.

From Florida rules criminal procedure:

RULE 3.180. PRESENCE OF DEFENDANT
(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:(1) at first appearance;
(2) when a plea is made, unless a written plea of not guilty shall be made in writing under the provisions of rule
3.170(a);
(3) at any pretrial conference, unless waived by the defendant in writing;
Click to expand...

I hope she shows up. Afterall, she thinks of herself as a "star". It would be a huge waste not to take advantage of all those cameras.:) Besides, wouldn't she just love to be out from behind her bars for a couple of hours :behindbar
getting attention and blown kisses from ma & pa?

I wonder if they'll let her wear street clothes like sp did.

:cow:
 
charo said:
Does anyone know if the pre trial will be televised on Tru TV or CNN? I can't get it online? thanks
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not sure about either of those, but it might be streamed on some of the local channels like they did the last hearing (when CA raised her hand to speak in the courtroom and Judge Strickland told her "no" she could not speak).

Here are links to the local stations:

http://www.wftv.com/index.html

http://www.local6.com/index.html

http://www.wesh.com/index.html

http://www.cfnews13.com/
 
::bites nails::
 
I do not know how things work in FL, but here all Pre-Trials are held in chambers and no court reporter is present. The attorneys and the judge discuss the case, the evidentiary issues, the time requirements for trial, the number of witnesses etc. This meeting is kind of like a temperature check to see if the case is in fact ready for trial and if all the little ducks are in a row. They will discuss outstanding discovery, if any, witness scheduling issues, any special equipment that may be needed for the trial (tv monitors, projection screens, etc).

If either party requests a continuance, they can select a new trial date while in the meeting and the party requesting the continuance will supply the Court with a motion and order for the record which reflects the change of trial date.

They will discuss all outstanding motions as well as any future motions that are being contemplated and whether there is any plea bargaining and what is being negotiated. This is often where the judge gives his opinion of the case and where he tells everyone how he is going to rule on certain issues - a forewarning if you will.

KC does not get to appear in chambers. It is a members only kind of thing.
 
DotsEyes said:
I do not know how things work in FL, but here all Pre-Trials are held in chambers and no court reporter is present. The attorneys and the judge discuss the case, the evidentiary issues, the time requirements for trial, the number of witnesses etc. This meeting is kind of like a temperature check to see if the case is in fact ready for trial and if all the little ducks are in a row. They will discuss outstanding discovery, if any, witness scheduling issues, any special equipment that may be needed for the trial (tv monitors, projection screens, etc).

If either party requests a continuance, they can select a new trial date while in the meeting and the party requesting the continuance will supply the Court with a motion and order for the record which reflects the change of trial date.

They will discuss all outstanding motions as well as any future motions that are being contemplated and whether there is any plea bargaining and what is being negotiated. This is often where the judge gives his opinion of the case and where he tells everyone how he is going to rule on certain issues - a forewarning if you will.

KC does not get to appear in chambers. It is a members only kind of thing.
Click to expand...

Does Louisiana's "Napoleonic Law" make it unique compared to other states? I know that a lot of civil law is quite different in the "Pelican State." ie, probate, estate laws, etc.

O/T warning: I grew up in NOLA. Where y'at, DotsEyes? LOL (I moved to another state but when I refer to my youth (age 2-21), I say "I'm from New Orleans, of Blessed Memory." So sad.
 
I don't think Beth Karas and Tru TV would be n Orlando if the hearing was a closed door meeting.
 
Would a plea agreement be presented to the judge for approval at a pre-trial hearing?
 
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