At a pretrial conference, say what the judge asks you to say and nothing more: state the facts of your case in a sentence or two, identify what’s actually in dispute, give a concrete settlement number with a short reason behind it, and answer follow-up questions directly. What to say at a pretrial conference comes down to preparation and restraint. The judge is running a working meeting, not hearing your trial, and the people who do well here arrive with a one-page position in their head and the discipline to stick to it.
Who Does the Talking Depends on the Type of Case
In a civil case, you or your attorney will speak directly with the judge about evidence, deadlines, and settlement in dollar terms. Federal Rule of Civil Procedure 16 governs these conferences in federal court, and most state courts follow a similar structure.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16
Criminal pretrial conferences work differently. The prosecutor and defense attorney meet to discuss whether the case will go to trial or resolve through a plea agreement. If you’re a criminal defendant with a lawyer, your lawyer does the talking. Your job is to listen, ask your attorney questions privately, and make sure you understand any plea offer before agreeing to it. Never accept or reject a plea deal at the conference without fully understanding the consequences. The guidance that follows applies mainly to civil conferences, where parties speak more directly.
What to Have Ready Before You Open Your Mouth
You can’t say the right things at a pretrial conference without preparing them first. Three documents, informal but written out, carry most of the weight.
The first is a one-page case summary. Describe the basic facts of the dispute and state what outcome you want: a specific dollar amount, the return of property, or some other remedy. If the judge turns to you cold, this is what you read from.
The second is an evidence and witness list. Write down every document you plan to use at trial — contracts, receipts, photographs, text messages, emails — and next to each, note what it proves. Do the same for witnesses: name and a brief description of what they’ll testify about. Under federal rules you’ll eventually need to disclose these formally, so the work isn’t wasted.2Legal Information Institute. Federal Rules of Civil Procedure Rule 26
The third is a realistic settlement number. As the plaintiff, know the minimum you’d accept; as the defendant, know the maximum you’d offer. Judges expect you to arrive with settlement authority, and showing up without a concrete position signals that you’re not engaging in good faith.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16
What the Judge Will Ask and How to Answer
The judge sets the agenda. If you know what topics are coming, you can prepare short, usable answers for each one instead of improvising.
Which Facts Are Agreed and Which Are Disputed
The judge will ask both sides to identify undisputed facts so trial time isn’t wasted proving them. Have a sentence ready that separates the two. Something like: “We agree the contract was signed on March 5 and that the defendant received the goods on March 12. The dispute is over whether the goods matched the contract specifications.” That framing shows you’ve thought about what actually needs to be decided.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 The judge may also flag weak claims or defenses at this stage, so don’t assert anything you can’t support.
Where Settlement Stands
Settlement is often the main event. The judge will ask about the status of negotiations and may push both sides toward a resolution. Some judges mediate aggressively and will tell you what they think your case is worth. State your number clearly and give a few sentences of reasoning. Don’t argue with the opposing party; the judge wants your position, not an attack. If the judge asks whether you’d move off your figure, answer honestly. Pretending you have no flexibility when you clearly do wastes the court’s time and your credibility.
Scheduling and Discovery
The judge will set deadlines for completing discovery, filing motions, exchanging final witness and exhibit lists, and other pretrial tasks, and will schedule the trial date if the case isn’t settling.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 If you need more time for depositions or document production, say so now and explain why. Once a scheduling order is in place, changing it requires showing good cause, which is a higher bar than wishing you had more time.
Pending Motions
If you or the other side has filed a motion, be ready to briefly argue your position or respond. The judge may also rule in advance on whether specific documents or testimony will be admissible.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 Keep arguments short — a minute or two of why the law favors your position is more useful than a long recitation of facts the judge already has in the file.
How to Speak When It’s Your Turn
Address the judge as “Your Honor.” Wait your turn. When asked a question, answer it directly and stop. The biggest mistake self-represented parties make is treating the pretrial conference like a chance to tell their whole story. It isn’t. The judge wants organized information in short bursts.
When invited to present your position, use your prepared summary. State the facts, state what you want, stop. For example: “Your Honor, this is a breach of contract case. The defendant agreed to deliver 500 units by June 1 and delivered 300 units on June 15. We’re seeking $22,000 in damages, which represents the cost of purchasing replacement units from another supplier.” That tells the judge everything needed in seconds.
Follow-up questions should get the same treatment: short, honest answers. If you don’t know something, say so. “I’d need to check my records on that, Your Honor” is a perfectly acceptable response, and far better than guessing. Credibility built here carries through the rest of the case; credibility lost here is hard to recover.
What Not to Say
Certain habits consistently hurt people at pretrial conferences, and judges notice them immediately.
- Emotional arguments. “This isn’t fair” or “they ruined my life” may be true, but the judge needs facts and legal theories. Save emotional impact for trial testimony.
- Personal attacks on the other party. Calling the opposing side dishonest or incompetent makes you look difficult to work with. Present the facts and let the judge draw conclusions.
- Unreasonable settlement positions. If you’re claiming $500,000 over a $3,000 dispute and can’t articulate why, you’ve lost credibility before trial starts.
- Volunteering information. Answer what’s asked. Offering details the judge didn’t request can open doors you’d rather keep closed, especially with the other side listening for weaknesses.
- Arguing with the judge. If a ruling or suggestion goes against you, note your objection calmly for the record. A back-and-forth with the person who controls your case never ends well.
Why Preparation Matters Beyond the Conversation Itself
Judges take pretrial conferences seriously, and the penalties for blowing one off or showing up substantially unprepared are steep. Under federal rules, a court can impose sanctions if a party fails to appear, shows up substantially unprepared, doesn’t participate in good faith, or disobeys a pretrial order.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16
The available sanctions include prohibiting you from introducing certain evidence or supporting specific claims, striking part or all of your pleadings, dismissing a plaintiff’s case or entering default judgment against a defendant in extreme cases, and treating the failure as contempt of court. The court must also order the noncompliant party to pay the other side’s reasonable expenses, including attorney’s fees, unless the failure was substantially justified.3Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery
That fee-shifting isn’t discretionary. The judge is required to order it absent a good excuse, and forgetting the date or underestimating the conference isn’t one. The surest way to say the right things at a pretrial conference is to prepare as if the case depends on it, because in many ways it does.