Rule 10-1-403. Pre-trial conference settings in criminal cases.

Intent:

To establish a procedure for scheduling pre-trial conferences in criminal cases.

To establish the responsibility of the prosecutor, arresting officer and defense counsel at or prior to the pre-trial conference.

Applicability:

This rule shall apply to pre-trial conferences in criminal cases in the Fourth District Court.

Statement of the Rule:

(1) The prosecuting attorney shall be present at the pre-trial conference and provide the court with the names of the witnesses whom the prosecutor intends to call at trial. The prosecutor shall be prepared to represent to the Court that he/she is familiar with the facts of the case either through written reports or consultation with the arresting officer or other witnesses.

(2) The arresting officer shall contact the prosecuting attorney and either consult with the prosecutor or furnish the prosecutor with written reports sufficient for the prosecutor to become familiar with the case prior to the pre-trial conference.

(3) Defense counsel shall be present at the pre-trial conference and have available at that time the names of the witnesses which defense counsel intends to call at trial.

(4) The defendant may appear at the pre-trial conference if the defendant so desires.

(5) Motions which may properly be made before trial shall be filed with the court and served on opposing counsel prior to the pre-trial conference. If a motion cannot be disposed of at the pre-trial conference, it will be set for hearing before trial.

(6) The trial date will be set at the pre-trial conference. The prosecutor and defense counsel shall bring their trial calendars to the pre-trial conference.