The stage after the exchange of pleadings where admissibility, preliminary objections and the disputed issues are identified before trial.
All termsThe preliminary examination follows the exchange of pleadings and prepares the case for trial. At this stage the court reviews the conditions of action and preliminary objections, identifies the points on which the parties agree and disagree, and encourages settlement or mediation.
The examination is as a rule conducted at a hearing intended to be completed in a single session. The disputed issues are recorded in the minutes, and the trial proceeds within that framework. The parties are given a strict deadline to submit missing evidence, and evidence not indicated within it may in principle not be relied upon later.
This stage builds the skeleton of the case: the contested facts identified here determine which evidence will be gathered and what witnesses will be heard about. That the trial cannot begin before its completion shows the stage cannot be skipped.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.