The term pre-trial order refers to many different things. It often refers to a court order granted by the court in response to a formal written motion filed by one party asking for a specific order to address a specific situation.
For example, in collection cases, a plaintiff may seek a pre-trial order called a writ of attachment to “attach” a lien to the defendant’s money pending a final judgment in the lawsuit, in order to prevent the defendant from moving or hiding their money.
Pre-trial orders may also refer to temporary restraining orders or preliminary injunctions, which are court orders generally issued by a Judge to freeze the status quo between the parties to the lawsuit, pending the trial and a final decision in the lawsuit.
Another type of pre-trial order is an order appointing a “receiver”, which is a neutral person, usually an experienced professional or retired judge, to take over the management of an income producing asset or a business from its owner, pending the trial and final decision in the lawsuit.
In some cases, a Judge may issue a set of standing “pre-trial orders” instructing the parties how they are to prepare the case for trial and setting specific deadlines for specific tasks. These tasks are generally designed to force the parties to exchange information and evidence, and to require efforts to settle the case by mutual agreement, so the Judge does not have to hold a trial in every case.
Winsten Law Group has substantial experience in obtaining and defending against all types of pre-trial orders.
Click the links for more information on these types of Pre-Trial Orders:
• Writs of Attachment
• Temporary Restraining Orders and Preliminary Injunctions
For more information about how pre-trial orders may apply to your contemplated or current lawsuit, please call Winsten Law Group at (949) 429-3400.