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Setting a Trial Date

After the discovery process, the next step is setting a trial date. Setting a trial date does require some consideration and at least one meeting with the judge and the defendant. A mesothelioma lawyer can fully prepare you for what to expect when it comes to setting a trial date and will take care of the entire process. Remember, if your case does go to trial, you do not have to attend-your lawyer will handle every aspect of the case and trial proceedings.

First, it must be decided whether the case will be heard in front of a sole judge or a judge and a jury. In some states, one or the other is standard, while other states offer the option to choose between the two. With a jury trial, both sides of the case will be presented before a group of people unrelated to the case. For most asbestos-related medical cases, this is a great option. However, you can also opt for a court trial. With a court trial, the case is presented to a single judge who will determine guilt and set down a ruling.

The major advantage to a jury trial is the jury can identify with your medical problems, lost work, financial difficulties, and other undue burdens. In many cases the defendant will not ask for a jury trial, but will want a court trial instead. If your side of the case is more technical in nature, a court trial may benefit you as well, as judges are more apt to understand the technical aspects of a case. When the trial date is set, both sides can request to have the court trial changed to a jury trial. The party that places the request must pay the charges associated with the jury.

A meeting with the judge is required by all parties to set a trial date. You do not have to attend this meeting, but if you do, be prepared with a date book in case you want to attend the trial but have to work around medical treatments that may make you too ill to appear in court. Remember, once the trial date is set, it cannot be rescheduled unless there is an emergency. The court system maintains a tight schedule and cannot afford to simply change dates upon a whim. Only in extreme cases would this even be considered.

If you have developed an asbestos-related disease, your health may be deteriorating quickly. Although the defendant may express opposition, your lawyer should ask the judge to take the status of your health into consideration when setting the trial date. If there are no medical urgencies, a trial date will likely be set within 90 days.

In the event that a trial date must be changed, you must request for the trial to be adjourned. Your lawyer and the opposing party should be notified in writing first. Notify the court system as well, via mail or fax. If an emergency arises the day of the trial, contact your lawyer immediately..

Setting the trial date may be a small step in the overall process, but it is a very important one. As soon as a date is set, preparations for trail will escalate. It is possible that negotiations of a settlement will prevent the need for a trial.

Interested in learning more? Please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive the most comprehensive and helpful information packet available on asbestos-related issues. To read about the next stage of a lawsuit, please reference Case Process and Settlements.

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