Trial dates may be set as dates certain or on a trailing docket where the case is called when reached. Firm settings anchor the pretrial schedule while trailing settings create uncertainty about when trial will actually begin.
Continuances require a showing of good cause.
Alternative Names:
Trial Setting, Trial Date Certain
Why it Matters?
A firm trial date is the single strongest driver of settlement, which is why parties seeking resolution push for one and parties preferring delay do not. Trailing dockets complicate preparation because witnesses and experts must be held available across an uncertain window, and the associated cost is substantial. Confirming whether a setting is firm or trailing affects both the preparation schedule and the settlement posture.
Frequently Confused with
Related terms
Frequently asked questions
What is a trailing docket?
Why does a firm date drive settlement?
