What Happens at a Pretrial Conference in California?

At a pretrial conference in California, the judge confirms both sides are ready for trial, rules on preliminary motions, checks that discovery has been exchanged, and presses the parties to settle a civil case or resolve a criminal case by plea. The hearing is procedural, not evidentiary, but what gets decided there shapes the trial that follows. Civil conferences grow out of the case management process and focus on narrowing disputes and locking in evidence. Criminal conferences function as readiness checks where both sides confirm they can go forward and often negotiate a disposition.

What the Judge Does at the Hearing

Rules on Preliminary Motions

The pretrial conference is where many of the most consequential motions get argued. In both civil and criminal cases, parties routinely bring motions in limine asking the judge to exclude specific evidence before trial. The standard is whether the evidence’s value in proving a fact is substantially outweighed by the risk of unfair prejudice, jury confusion, or wasted time.¹ A civil party may also move to bifurcate the trial, asking the court to try liability first and damages separately.²

In criminal cases, defense attorneys commonly file motions to suppress evidence under Penal Code 1538.5, arguing that a search or seizure violated constitutional protections.³ Prosecutors may seek to introduce evidence of a defendant’s prior conduct for a purpose other than general bad character, such as motive, intent, plan, knowledge, or identity.⁴ In felony cases, the court should hear and decide these motions before or at the readiness conference whenever possible.⁵

Confirms Discovery Has Been Exchanged

The judge will verify that both sides have handed over what they are required to share. In civil litigation that means confirming the simultaneous expert witness exchange has happened and that documentary evidence and witness lists are in order.⁶ If a party has abused discovery, the court can order payment of the other side’s attorney fees, bar specific evidence, or issue other corrective orders.⁷

In criminal cases, the court checks that the prosecution has met its disclosure obligations and that the defense has provided its reciprocal discovery.⁸ If either side has not complied, the judge can delay testimony, grant a continuance, or take other corrective action.

Pushes Toward Settlement or a Plea

Judges regularly use the conference to move cases off the trial calendar. In a civil matter, the court may set a mandatory settlement conference under California Rules of Court Rule 3.1380, where the parties meet with a neutral person — usually a judge — to discuss resolution.⁹ If settlement is reached, the parties may draft a stipulated judgment or dismissal and avoid trial.

In criminal cases, plea negotiations frequently happen at this stage. The prosecutor may offer reduced charges or a specific sentencing recommendation in exchange for a guilty plea. The judge may indicate a general reaction to a proposed deal but is not bound by the prosecutor’s recommendation. At the readiness conference specifically, the prosecutor must attend with authority to resolve the case, the defendant must be present, and all trial attorneys must be ready to discuss disposition.⁵

What You Need to Have Done Before You Walk In

Civil Cases

The road to the pretrial conference starts with the case management conference. Under California Rules of Court Rule 3.722, the court holds an initial case management conference to review the case and decide whether to send it to alternative dispute resolution, set it for trial, or take other action.¹⁰ The checklist is long: whether discovery is complete, whether to bifurcate, insurance coverage issues, estimated trial length, and available trial dates.¹¹

Before the conference, you have real homework. You must meet and confer with the other side at least 30 days before the conference date, and you must file and serve a Case Management Statement at least 15 days before.¹² Local courts layer on their own requirements. Some counties require a joint pretrial statement outlining disputed issues, proposed stipulations, witness lists, and a summary of remaining legal arguments.

Discovery must be completed no later than 30 days before the initial trial date, and any discovery motions must be heard at least 15 days before trial. A continuance of the trial date does not automatically reopen discovery.¹³ That 30-day cutoff catches people off guard more than almost any other deadline.

Expert witness disclosures are a separate trap. Both sides participate in a simultaneous exchange: each party provides a list of experts they plan to call, along with a declaration describing each expert’s qualifications, the general substance of their expected testimony, and their hourly rates for deposition and consultation.⁶ If you fail to list an expert, submit the required declaration, produce reports, or make the expert available for deposition, the court must exclude that expert’s testimony at trial when the other side objects.¹⁴

Filing requirements for the pretrial conference itself vary by county. The Judicial Council authorizes courts to create their own pretrial rules, so check the local rules for your courthouse.¹⁵ Some courts require joint pretrial statements, trial briefs on disputed legal questions, or proposed jury instructions filed by specific deadlines.

Criminal Cases

Criminal timelines are driven by speedy-trial protections. California law requires that a felony defendant be brought to trial within 60 days of arraignment and a misdemeanor defendant within 30 days if in custody, or 45 days if not.¹⁶ Those deadlines shape when conferences happen. In a felony case, the court may hold a readiness conference within one to 14 days before the trial date.⁵ In misdemeanor cases, the pretrial conference is often the primary opportunity to negotiate a plea or resolve procedural disputes.

Reciprocal discovery is the other half of your preparation. The prosecution must turn over the names of trial witnesses, defendant statements, physical evidence seized during the investigation, information about felony convictions of key witnesses, any evidence favorable to the defense, and written or recorded witness statements including expert reports.⁸ The defense must disclose the names of witnesses it plans to call (other than the defendant), any written or recorded statements from those witnesses, expert reports, and any physical evidence it intends to introduce.¹⁷

Before taking a disclosure dispute to the judge, you must ask the other side informally. If they do not produce the requested materials within 15 days of that informal request, you can then seek a court order.¹⁸

Can You Appear Remotely?

California allows remote appearances at pretrial conferences and other non-evidentiary hearings in civil cases under Rule 3.672. If your hearing date has at least three court days’ notice, you must file a Notice of Remote Appearance (form RA-010) at least two court days before the proceeding and notify the other parties within the same timeframe. For hearings with shorter notice periods, the deadlines compress, and non-moving parties must file their remote appearance notice by 2:00 p.m. the court day before the hearing.¹⁹

Local courts may have their own procedures that supplement or modify these statewide rules, so check with your specific courthouse. Remote appearances work well for routine status conferences. For hearings where credibility matters or you expect contested argument, appearing in person often lands better.

Orders That Come Out of the Conference

At or after the conference, the judge issues orders that set the ground rules for trial. In civil cases, those orders typically finalize which issues remain in dispute, lock in witness lists and exhibit lists, set deadlines for trial briefs and proposed jury instructions, and resolve pending procedural disagreements. Because the Judicial Council gives courts broad authority to create their own pretrial rules, orders vary significantly from one courthouse to another.¹⁵

In criminal cases, pretrial orders may address jury selection logistics, deadlines for submitting plea agreements, restrictions on specific categories of evidence, and parameters for expert testimony. Once a pretrial order is in place, deviating from it requires the court’s permission.

What Happens If You Don’t Comply

Civil Penalties

Penalties for ignoring pretrial obligations escalate quickly. For any violation of a court order without good cause, a judge can impose monetary sanctions of up to $1,500 payable to the court.²⁰ Discovery abuse triggers a separate framework that can be far more damaging: the court may order payment of the other side’s attorney fees, prohibit introduction of key evidence, or impose other corrective orders.⁷ If a party files a pleading or motion that lacks legal or factual basis, the court can impose additional sanctions designed to deter that conduct, though this provision does not apply to discovery disputes themselves.²¹

The most painful consequence is often evidence exclusion. If you unreasonably fail to list an expert witness, produce required reports, or make your expert available for deposition, the court must exclude that expert’s testimony when the opposing party objects.¹⁴ Losing an expert in a case that depends on technical or medical testimony can effectively end it.

Criminal Penalties

If a criminal defendant fails to appear at a pretrial conference or any other required court date, the judge can issue a bench warrant for arrest, enforceable statewide.²² Beyond the immediate arrest risk, failing to appear can result in bail being revoked.

For discovery violations, the court has a graduated set of remedies. It can order immediate disclosure, hold the noncompliant party in contempt, delay or prohibit witness testimony, grant a continuance, or instruct the jury about the failure. Witness exclusion is a last resort used only after other sanctions have been exhausted, and the court cannot dismiss charges for a discovery violation unless the Constitution demands it.¹⁸

If You’re Representing Yourself

Every obligation that applies to attorneys applies to you, and the court will not lower the bar because you do not have a law degree. Start by checking the local rules for the courthouse where your case is assigned. Many counties publish their pretrial requirements online, including the specific forms, filing deadlines, and formatting rules that apply.

The California Courts self-help website provides step-by-step guidance on preparing for case management conferences, including the meet-and-confer requirement and the Case Management Statement you must file.¹² Take the meet-and-confer obligation seriously. Judges notice when a self-represented party has made a genuine effort to communicate with the other side.

Bring organized copies of every document you have filed and every document you have received from the other side. Know your deadlines cold, especially the 30-day discovery cutoff before trial.¹³ If you are in a criminal case and have been ordered to appear, do not miss the hearing. A bench warrant changes the dynamic of your case in ways that are difficult to undo.²² If you need a continuance, file the request early with a clear explanation. Courts are more forgiving of scheduling conflicts raised in advance than of no-shows followed by excuses.

1
California Legislative Information. California Evidence Code 352 – Exclusion of Evidence
2
California Legislative Information. California Code of Civil Procedure 598 – Order of Trial of Issues
3
California Legislative Information. California Penal Code 1538.5 – Motion to Suppress Evidence
4
California Legislative Information. California Evidence Code 1101 – Character Evidence and Prior Acts
5
Judicial Branch of California. California Rules of Court Rule 4.112 – Readiness Conference
6
California Legislative Information. California Code of Civil Procedure 2034.260 – Simultaneous Exchange of Expert Witness Information
7
California Legislative Information. California Code of Civil Procedure 2023.030 – Sanctions for Misuse of the Discovery Process
8
California Legislative Information. California Penal Code 1054.1 – Prosecution Discovery Obligations
9
Judicial Branch of California. California Rules of Court Rule 3.1380 – Mandatory Settlement Conferences
10
Judicial Branch of California. California Rules of Court Rule 3.722 – Case Management Conference
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Judicial Branch of California. California Rules of Court Rule 3.727 – Subjects to Be Considered at the Case Management Conference
12
California Courts. Prepare for Your Case Management Conference
13
California Legislative Information. California Code of Civil Procedure 2024.020 – Time Limit for Discovery
14
California Legislative Information. California Code of Civil Procedure 2034.300 – Exclusion of Expert Testimony
15
California Legislative Information. California Code of Civil Procedure 575 – Pretrial Conferences
16
California Legislative Information. California Penal Code 1382 – Dismissal for Delay
17
California Legislative Information. California Penal Code 1054.3 – Defense Discovery Obligations
18
Justia Law. California Penal Code 1054.5 – Enforcement of Discovery
19
Judicial Branch of California. California Rules of Court Rule 3.672 – Remote Proceedings
20
California Legislative Information. California Code of Civil Procedure 177.5 – Sanctions for Violating Court Orders
21
California Legislative Information. California Code of Civil Procedure 128.7 – Signing of Pleadings and Motions
22
California Legislative Information. California Penal Code 978.5 – Bench Warrant for Failure to Appear