What Is a Pretrial Conference in a North Dakota Court Case?
Key Takeaways
A pretrial conference is a court session held before trial where the judge and the parties organize the case, resolve procedural questions, and prepare for an efficient trial.
In North Dakota criminal cases, pretrial conferences are governed by North Dakota Rule of Criminal Procedure 17.1, which pairs the pretrial conference with an earlier omnibus hearing.
In civil and family law cases, pretrial and scheduling conferences are governed by North Dakota Rule of Civil Procedure 16.
A pretrial conference is usually not the trial itself. No jury is seated and no verdict is reached, though important decisions about how the trial will run are made.
The court can issue a written pretrial order that controls the rest of the case, so what happens at this stage matters.
A North Dakota attorney handles the legal work at a pretrial conference, including motions, stipulations, and plea or settlement discussions.
If you have a court date in Bismarck, Minot, Williston, or anywhere else in North Dakota and the notice says "pretrial conference," you may not know what that means or whether you need to be there. The term sounds technical, and the paperwork rarely explains it in plain language. This article does.
A pretrial conference is one of the ordinary steps a case passes through on its way to trial. It is not a sign that something has gone wrong, and it is not the trial. It is a working session where the court and the parties get organized. Heartland Law Office prepares this guide so North Dakotans can walk in understanding what it is for, and what an attorney changes at this stage. Nothing here is legal advice about your own case. For that, speak with a North Dakota attorney about your specific facts.
What is a pretrial conference in North Dakota?
A pretrial conference in North Dakota is a court session held before trial in which the judge, the lawyers, and often the parties meet to organize the case, rule on open questions, narrow the issues, and set the terms for how the trial will proceed. It promotes a fair and efficient trial. It is a preparation stage, not a decision on guilt, liability, or final outcome.
The word "pretrial" simply means "before trial," and a conference here is a scheduled meeting on the court record. Think of it as the planning meeting before a large event. The event is the trial. The planning meeting settles the schedule and the open questions in advance so the day runs smoothly.
North Dakota uses these conferences in both criminal cases and civil cases, including family law disputes. The rules that govern each are different, and the two versions serve different purposes, so it helps to look at them separately.
What happens at a pretrial conference in a North Dakota criminal case?
In a criminal case, the pretrial conference is part of a two-step pretrial structure set out in North Dakota Rule of Criminal Procedure 17.1, titled "Omnibus Hearing and Pretrial Conference." These court rules operate alongside the state's criminal procedure statutes in North Dakota Century Code Title 29. Understanding the criminal version means understanding both pieces of Rule 17.1.
The omnibus hearing comes first
If a defendant does not plead guilty at arraignment, the court may schedule an omnibus hearing, with the agreement of the parties. The purpose of the omnibus hearing is to check on the health of the case. At that hearing, under Rule 17.1, the court generally confirms:
Whether the defendant has been provided counsel, if counsel is required.
Whether discovery, meaning the exchange of evidence between the parties, is complete.
Whether there are any disclosure requests under Rule 16 of the criminal rules.
What pretrial motions are pending, and the court can rule on them.
Whether there are procedural or constitutional issues that need to be identified.
The omnibus hearing is also where pretrial motions generally must be raised. Under Rule 17.1, a motion, request, or issue that is not raised can be treated as waived, unless the party did not yet have the information needed to raise it. That waiver rule is one reason the stage carries weight. The hearing must be recorded, and it is held with counsel and the defendant present unless the defendant waives the right to attend.
The pretrial conference comes after
After or instead of the omnibus hearing, the court may hold one or more pretrial conferences, on its own or at a party's request, to promote a fair and efficient trial. This is the stage where the mechanics of the upcoming trial get worked out. Under Rule 17.1, the topics a pretrial conference may cover include:
Stipulating to facts that are not in dispute, so they do not need to be proven at trial.
Marking exhibits and, where appropriate, waiving the foundation for exhibits.
Handling questions about multiple defendants, such as severance or prejudicial statements.
Practical trial logistics, including seating, juror lists and questionnaires, voir dire, peremptory challenges, the procedure for objections, and the order of presentation.
A pretrial conference under Rule 17.1 must be recorded word for word. If the court approves and signs a pretrial order that is then filed, that order binds the parties at trial, on appeal, and in postconviction proceedings, unless the court later changes it in the interests of justice. Counsel and the defendant attend unless the defendant waives the right to be present.
What happens at a pretrial conference in a North Dakota civil or family law case?
Civil cases, including divorce and other family law matters, follow a different rule. North Dakota Rule of Civil Procedure 16, titled "Pretrial Conferences; Scheduling; Management," governs both scheduling conferences and pretrial conferences in civil court.
Under Rule 16, a North Dakota court may order the attorneys and any self-represented parties to attend conferences, in person or by phone or other electronic means. The stated goals include speeding up the resolution of the case, keeping it from dragging on, reducing unnecessary work, preparing for trial, encouraging settlement, and considering alternative dispute resolution such as mediation.
Rule 16 also sets out when a court must hold a scheduling conference. Triggers include more than six months passing after filing without a final disposition or dispositive motion, a notice under Rule 40(e) with a request to keep the case open, or a written request by a party. When a trigger occurs, the conference must be held within 60 days.
In a divorce case or another civil dispute, the topics under Rule 16 may include narrowing the issues, adding parties, stipulating to facts and documents, planning discovery, setting witness and exhibit deadlines, and scheduling the trial. The court then issues an order that controls the case unless it is later modified, and a final pretrial order entered close to trial may be changed only to prevent manifest injustice.
Rule 16 carries consequences for not taking it seriously. A party or attorney who fails to appear, shows up substantially unprepared, does not participate in good faith, or disobeys a scheduling order may face sanctions, which can include expenses and attorney fees.
Do I have to attend my pretrial conference in North Dakota?
Often yes, but it depends on the type of case and the court's order. Read your notice carefully, because it tells you the date, time, and location, and whether your appearance is required.
In a criminal case, Rule 17.1 provides that the defendant must attend the omnibus hearing and the pretrial conference unless the defendant waives the right to be present. In a civil case, Rule 16 allows the court to order attorneys and self-represented parties to attend, and appearance may be allowed by phone or other electronic means. If you are represented, your attorney will tell you whether and how you need to appear. If you are unsure, contact the court or your lawyer before the date rather than guessing.
Missing a required court date can create serious problems. For North Dakotans weighing a video or phone appearance, the North Dakota Courts self-help center publishes remote-hearing resources, though a criminal defendant should confirm requirements with counsel.
How is a pretrial conference different from other court dates?
North Dakota cases move through several stages, and the names can run together. A pretrial conference is distinct from the hearings around it.
An initial appearance or arraignment is an early criminal court date where the charges are read and a plea may be entered. The pretrial conference comes later.
A bail or pretrial release determination addresses the conditions of release while a case is pending. That is a different question from trial preparation.
A trial is where evidence is presented to a judge or jury and a verdict or judgment is reached. The pretrial conference prepares for the trial but is not the trial.
The earlier dates ask who the parties are and what the case is about, while this stage asks how the trial will actually run. It is also a common point for the parties to discuss resolution, which in a criminal case may involve a plea agreement. If you want background on that, our overview of how plea bargains work in North Dakota explains the basics.
Where do these hearings happen?
These hearings take place in the district court, or for some matters the court where your case is filed, across North Dakota. In Bismarck, that generally means the Burleigh County Courthouse, and our guide to the Burleigh County Courthouse describes what to expect on a court date there. Readers in Mandan, Minot, Williston, Watford City, Dickinson, Devils Lake, or Jamestown will appear at their own county courthouse. Long travel distances are a real factor in a large, rural state, which is one reason remote appearances matter in some case types.
What does an attorney do at a North Dakota pretrial conference?
A pretrial conference is a working legal session, and most of what happens there is lawyer's work. Having counsel involved at this stage changes what gets done. Concretely, at and before a pretrial conference, a North Dakota attorney typically:
Files and argues pretrial motions, which under Rule 17.1 generally must be raised at the omnibus hearing or be waived.
Confirms that discovery is complete and that the evidence the other side intends to use has been disclosed.
Negotiates stipulations, so facts or exhibits that are not genuinely in dispute are resolved without a fight at trial.
Raises constitutional and procedural issues while they can still be raised.
Discusses resolution with the prosecutor or opposing party, which may include a plea agreement in a criminal case or settlement in a civil case.
Reviews any proposed pretrial order before it is signed, because that order can bind the parties for the rest of the case.
For readers facing criminal charges, this is the kind of preparation that criminal defense representation is built around. For readers in a divorce, custody, or support dispute, the same attention applies to family law matters, where an order under Rule 16 can shape deadlines and the path to trial. Heartland Law Office handles both.
What happens after the pretrial conference?
What comes next depends on what the conference accomplishes. Often it sets the trial date and finalizes open logistics; in other cases the parties reach a resolution and the matter ends without a trial; in still others the court issues a pretrial order that governs the remaining steps.
The key point is that this is a decision-shaping stage, not a formality. Because a signed pretrial order can control the trial and later proceedings, and because motions not raised can be waived, the preparation that goes into it carries forward. That holds whether your case is in criminal court under the North Dakota Rules of Criminal Procedure or in civil court under the North Dakota Rules of Civil Procedure.
Frequently Asked Questions
Is a pretrial conference the same as a trial in North Dakota?
No. A pretrial conference is a session before trial where the court and the parties organize the case and prepare for trial. No jury is seated and no verdict is reached at a pretrial conference. The trial is a separate, later proceeding where evidence is presented and a decision is made.
What is the difference between an omnibus hearing and a pretrial conference?
In a North Dakota criminal case, the omnibus hearing comes first and checks whether the case is ready, including counsel, discovery, and pending motions. The pretrial conference comes after and focuses on trial logistics, such as stipulations, exhibits, and jury procedures. Both are described in Rule 17.1 of the criminal rules.
Do pretrial conferences happen in North Dakota divorce cases?
Yes. Civil cases, including divorce and other family law matters, use pretrial and scheduling conferences under Rule 16 of the North Dakota Rules of Civil Procedure. These conferences help narrow issues, set deadlines, plan discovery, encourage settlement, and schedule the trial. A court may order the parties and their attorneys to attend.
Can I appear remotely for a pretrial conference in North Dakota?
Sometimes. Rule 16 allows civil conferences to be held by phone or other electronic means, and the North Dakota Courts self-help center publishes remote-hearing resources. Whether remote appearance is permitted depends on the case type, the court, and the judge's order, so confirm the requirements with the court or your attorney before the date.
What happens if I miss my pretrial conference?
Missing a required court date can carry consequences. In civil cases, Rule 16 allows sanctions for failing to appear, being substantially unprepared, or disobeying a scheduling order, which can include expenses and attorney fees. In criminal cases, missing a required appearance can lead to further court action. Contact the court or your attorney right away if you cannot attend.
Talk With a North Dakota Attorney
If you have a pretrial conference scheduled and want to understand your options, call Heartland Law Office at 701-587-8423 (701-JUSTICE). You can also request a free case evaluation online. The firm represents clients across North Dakota, and a conversation about the specific facts of your case is the right place to start.
About Heartland Law Office. Heartland Law Office, P.C. is a Bismarck, North Dakota trial firm founded in 2019 by Patrick Waters, Esq. (North Dakota Bar #08505, admitted 2016), a former public defender and prosecutor. The firm represents clients across North Dakota in criminal defense, DUI/DWI defense, family law and personal injury matters. Free case evaluations: 701-587-8423 (701-JUSTICE).
Disclaimer. Attorney advertising. This article is for general informational purposes only and is not legal advice. Reading this article or contacting Heartland Law Office, P.C. does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Patrick Waters is licensed to practice law in North Dakota.
