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Hi there it's Wendy Hernandez with command the courtroom in this week's video I'm gonna talk with you about something that's closely related to one of the videos I've done in the last couple of weeks about providing notice if you haven't watched that video already go back and take a look at it just to briefly summarize in the video I tell you that you have to put the party other party on notice of all the claims that you're making in your case so related to that I want to talk about the pretrial statement, so your pretrial statement is a statement to the judge where you tell the judge what it is that you're asking for at trial and I imagine that in different states and countries different judges have different rules about what's required in your pretrial statement in Arizona the judges require us and the rules require us to include information about the uncontested issues that means issues that parties don't necessarily agree on in fact on issue those are issues that the parties might actually agree upon, and we have to include information about contested issues those are the issues in dispute, and we have to include information about witnesses exhibits attempts at settlement, so there's a whole laundry list of the things that we have to include it's not uncommon for people who are representing themselves not to include an issue that is in dispute in the pretrial statement and I will tell you at least in Arizona if you fail to include a contested issue in your pretrial statement then you waive that issue at trial you cannot bring it up at trial, and you're basically telling the judge it's a non-issue by failing to include it in the pretrial statement and a lot of people don't realize that, so then they get the judge's decision back and the judge hasn't ruled on a particular issue that maybe the parties were arguing about three up throughout the case and the judge says well too bad so sad it wasn't in your pretrial statement, so I didn't decide it, so first follow the rules about what needs to be included in your pretrial statement there very well may be a case or a rule that says if you know Oh mint an issue from that pretrial statement that you're waiving the court deciding that issue even if that is not a specific rule or there's not a specific case in your jurisdiction its good practice to include each and every issue in dispute in that pretrial statement, but the pretrial statement is a really great guide for me, I use it as a baseline or an outline to help me examine witnesses at trial that way I can remember to include every issue that's in dispute if I fail to include a specific issue in that pretrial statement chances are I'm not going to cover it with the witness and my clients going to be out of luck, and I'm probably going to be in trouble with that client, so that's going to do it for this week's video remember if you like command the courtroom subscribe to the channel on YouTube to get updates when we release new videos like us on...
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