4.5.2 Meeting of the Parties (ICC) and Pretrial Conference
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4.5.2 Meeting of the Parties (ICC) and Pretrial Conference

(Revision. 10/1/15)

Authority:Authority:

Alaska Child in Need of Aid Rule 13

 

Background, Policy, and Procedure:

  1. Meeting of the Parties: After the probable cause/temporary custody hearing, the parties meet informally to discuss the case plan and the parties’ positions regarding adjudication. This meeting, held outside of court, may be referred to locally as an “initial case conference,” “ICC,” “status conference,” or other similar name. The time and place of the meeting are generally determined by the parties at the conclusion of the probable cause hearing. The parties and their attorneys are jointly responsible for preparing and submitting a written summary of the meeting to the court within 10 days after the meeting; in some jurisdictions there is a form for this purpose.

  2. Pretrial Conference: A pretrial conference is a hearing held to update the court on the progress of the case and the parties’ positions regarding adjudication. At the pretrial conference, the court and parties may:

    1. consider efforts to locate and serve all parties;

    2. simplify the issues;

    3. consider amendments to the petition or other pleadings;

    4. resolve any discovery issues;

    5. resolve any pending motions;

    6. discuss options for settling the case, including alternative dispute resolution methods such as mediation or family group conferencing;

    7. consider the possibility of agreeing to certain facts or legal conclusions, or to the submission of documents that may avoid the introduction of unnecessary testimony;

    8. discuss the need for, and any limitations upon, expert testimony;

    9. determine whether the child will be present and/or testify at trial and, if so, under what conditions;

    10. determine how long the evidence will take to present; and

    11. consider any other matters relevant to trial or resolution of adjudication.

If the parties are prepared to stipulate to adjudication at the time of the pretrial conference, the court may accept the Stipulation and schedule a disposition hearing. If the parties are not prepared to do so, the matter may be set for an adjudication trial or another pretrial conference.