Computer Forensics For Dummies®

Chapter 15. Holding Up Your End at Pretrial

In This Chapter

• Understanding pretrial procedures

• Knowing what to expect in pretrial hearings and motions

• Giving a deposition

Trials can be dreadfully time-consuming and expensive. Hurdles, by way of federal rules (as covered in Chapter 2), are in place to resolve civil and criminal cases in a "just, speedy, and inexpensive way." (We're speculating that writers of these rules didn't foresee the age of digital trails, or else they had a weird sense of humor.) If most cases went to trial, the justice system would suffer the equivalent of a denial-of-service (DoS) attack. A DoS attack occurs when a Web site receives so many requests for service that it grinds to a halt. Preventing a court-system DoS attack comprises the pretrial phase. In this busy period — the period before trial — every legal, technical, and constitutional issue can be scrutinized to try to resolve the case.

Note

You interact frequently with retaining and opposing lawyers during this stage.

Depending on where you stand, a pretrial is a good idea because it offers another chance to bring an end to a case before it reaches trial. Pretrial events help identify and weed out nontrial cases to spare public and private costs. The three pretrial procedures used by either side in criminal or civil cases are

• Motions

• Pretrial hearings

• Depositions

Pretrial procedures are part of the legal system. Whether a party is motivated to cut and run, take a plea, or proceed to trial usually depends on ...