Noticing A Case For Trial in United States

Practical Information

Note: Some of this information was last updated in 1982

The procedure by which a case is placed on the trial calendar of the court. A material point, raised by the pleadings (in U.S. law), about which there is a controversy between the parties is an issue. The issue may be an issue of fact or an issue of law. When an issue is raised, it is said to be joined, and the case is at issue. Issue is deemed joined the date the last pleading is served. sue. Issue is deemed joined the date the last pleading is served.

At any time after issue, is joined, either party may have the case noticed for trial. (In some courts no papers are filed in court until issue is joined the court does not even know a lawsuit is pending.) In some jurisdictions, a case is noticed for trial by the filing of a note of issue or memorandum setting for trial; in others, by the filing of a notice of trial. Some jurisdictions require both. In still other jurisdictions, a case is set for trial on motion (in U.S. law) of counsel. Regardless of the procedure, or the particular name of the notice used, its purpose is to place the case on the trial calendar.

Noticing a case for trial does not mean that it will be brought up for trial on that date or even at that term of court, but that it will be placed on the trial calendar to await its turn.

When the notice must be served

Note of issue or notice of trial must be served on opposing counsel a designated number of days before the Term of Court at which the case will be placed on the trial calendar. The requirement varies with the jurisdiction.

(Revised by Ann De Vries)

What is Noticing A Case For Trial?

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