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Understanding Kedam Mishpat – The Pre-Trial Conference in Family Court

Divorce

In the realm of family court litigation, there is a significant stage called the Pre-Trial Conference, also known as Kedam Mishpat in Hebrew. While its name may sound like a new grape juice flavor, it is actually a crucial hearing that occurs during the litigation process. This article aims to shed light on the Pre-Trial Conference, its purpose, and what individuals involved in family court cases can expect from it.

What is the Pre-Trial Conference? The Pre-Trial Conference, or Kedam Mishpat, is a specific type of hearing held in the Family court. Unlike evidentiary hearings where testimony is given and evidence is presented, the Pre-Trial Conference serves a different purpose. Its primary objective is for the presiding judge to establish certain key elements that will shape the course of the trial.

Key Objectives of the Pre-Trial Conference:

  • Establishing Timelines: One of the crucial aspects that the judge aims to determine during the Pre-Trial Conference is the timeline for the continuation of the trial. By establishing timelines, the court ensures that the litigation process proceeds in an organized manner.
  • Seeking Agreement: The judge also seeks to explore the possibility of reaching an agreement between the parties involved. The Pre-Trial Conference serves as an opportunity to evaluate whether the sides can be pushed or bridged to find common ground. This emphasis on settlement can help alleviate the burden on the court system and promote amicable resolutions.
  • Identifying the Parties and Issues: Understanding the parties involved and the real issues at hand is another objective of the Pre-Trial Conference. By gaining clarity on the individuals involved, their roles, and the nature of their disputes, the judge can better navigate the complexities of the case.

Interim Decisions on Motions: Furthermore, the Pre-Trial Conference may serve as a platform for the judge to make interim decisions on motions submitted by the parties involved. Motions are formal requests made to the court seeking specific actions or decisions. By addressing these motions during the conference, the judge can make timely decisions and ensure that the litigation process continues smoothly.

The Pre-Trial Conference, or Kedam Mishpat, is a critical hearing in Family court litigation. Unlike evidentiary hearings, it focuses on establishing timelines, exploring the potential for agreement, identifying the parties involved, and understanding the underlying issues. Additionally, the judge may use this conference to address motions and make interim decisions. Understanding the purpose and significance of the Pre-Trial Conference can help individuals navigate the family court system more effectively.

Disclaimer: It’s important to note that specific procedures and practices may vary depending on the jurisdiction and legal system in which the Pre-Trial Conference takes place.

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