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When the Court schedules my trial, why does it keep getting moved to another date and time?

 

A:

Your case is now ready for trial.

The judge wants to see if there's any chance both sides can settle.

He'll schedule a settlement conference before trial.

The defense may have no authority to enter into settlement negotiations.

But, he may indicate a willingness to do so.

The judge may give him time to confer with the insurance company to see what their settlement position is.

When the attorneys return, the defense lawyer may have a limited amount of money he can offer.

If he needs more money to try and settle and is unable to reach the insurance company representative, he may ask the judge to reschedule this conference.

If settlement discussions break down, the judge will likely force all sides to begin jury selection on a date he selects.

There's a problem with that method of selecting a trial date.

First, the attorneys may not be available.

Second, the medical experts who will be testifying may not be available.

Third, other witnesses may not be available.

Fourth, there may not be jurors available.

Fifth, the judge may not be available.

The scheduling judge has to juggle competing schedules to determine the optimal time for your trial.

Many factors go into scheduling a trial. Depending upon the availability of the attorneys, witnesses, expert witnesses, the trial judge, and the availability of jurors, the scheduling Judge may be forced to change the trial date on more than one occassion. The Court is always looking to move your case forward, however, there may be a good explanation why your trial date may have to be postponed for a short time. Your attorney should be able to explain why your trial date was moved based on conversations with the other attorneys and the Court.

To learn what happens during jury selection in a medical malpractice case, I invite you to watch the video below...