Legal Question in Family Law in New York

Re: Pre-Trial Conference

A pre-trial conference is a "last" effort to settle the matter before going to trial.(Can still be settled after pre trial conf). The Court wants you to settle the matter and will do what they can to expedite a settlement. Including "scaring" you into thinking you may lose....which you might. Sometimes the conf is handled by the court's attorneys, sometimes the Judge.

It is not a PC conference where depositions and discovery are scheduled. That is a preliminary conference (begining stage of lawsuit). A pre-trial conf is end stage of law suit.

Re: Pre-Trial Conference

First, if your spouse has an attorney, you are in a very bad position without legal representation.

That being said, a pre-trial conference is to set a schedule of discovery and depositions to facilitate progress in your case. Nothing else should be happening at what is called a PC.

Custody, visitation or support are not subjects to be brought up at a PC. You should be setting dates that discovery demands should be made, responses for requests for documents and when EBT's will be held.

I hope that answers your question.

Joel R. Salinger, Esq.