The last step before trial in most jurisdictions is a hearing called the Final Pretrial Hearing. This is exactly what it sounds like, the final hearing before trial begins. In most places that we practice this is the last chance for our clients to agree to settle a case.
Most counties stack multiple trials for the same dates, so the final pretrial is also used to determine which cases are actually going to trial. In La Crosse County the order of priority is generally (1) trials for people who have filed a speedy trial demand, (2) trials for people who are in jail on a cash bond they are unable to post, (3) the oldest felony case pending at the time of trial, and (4) the oldest misdemeanor case pending at the time of the trial. Victim cases are given priority after Marsy's Law was implemented in Wisconsin.
Some judges will do something called a Ludwig hearing. This is a quick procedure named after a case called State v. Ludwig in which the judge asks the prosecutor to verify their offer to settle the case on the record, ask the client if they are rejecting the offer, and confirm with the client that they have had enough time to discuss the offer to settle with their lawyer. We will always prepare our clients for the possibility of a Ludwig hearing at the final pretrial when our plan is to go trial.
Final pretrial hearings are also normally where the judge will hear and decide Motions in Limine. These are mostly standardized motions that control what can and cannot happen in trial, and usually take a matter of minutes to decide.
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