English to Czech Law/Patents Law (general)

What is a Case Management Conference (CMC)?

A CMC is a meeting that takes place at the Court House. Attendance at this
meeting is limited to the Judge, and the parties (the Plaintiff and the Defendant).
If party has a lawyer representing him or her, the lawyer may also attend. This
meeting happens after the Plaintiff begins the lawsuit by filing the Claim/
Summons, but before the trial. Generally, the CMC is 30 minutes to one-hour
long.

This meeting is not a trial and, therefore, witnesses do not attend at this stage.

Why Have a CMC?

The CMC is a mandatory step in the Small Claims process for most of the civil
claims filed. The purpose of this meeting is to try settling some or all of the issues
in dispute before going to trial. This may mean that a trial is ultimately not
necessary. However, if a trial is still needed, it might be shorter and simpler
because some of the issues have been resolved at the CMC.

What Happens at a CMC?

The CMC begins with the judge and the parties meeting together to discuss the
case. In certain situations, the judge may even take turns meeting with the parties
separately to discuss each side of the case. Exactly how a meeting proceeds may
vary from case to case.

During this meeting the Judge will give the parties input on their case, including:

• the Judge’s assessment of the strengths or weaknesses of each
party’s evidence
• the Judge’s opinion of the statute or common law that might apply
• the Judge’s suggestions for possible resolution