LMCLR CR 4.5 PRE-TRIAL HEARINGS 1) Unless otherwise ordered by the court in a specific case for good cause, all cases in which a defendant enters a plea of not guilty shall be set for a pre-trial hearing. 2) (a) The pre-trial hearing shall provide an opportunity for negotiation between the parties. The parties shall confer in good faith regarding any agreed disposition prior to trial. The defendant shall be required to attend the pre-trial hearing unless excused by the court. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of any bond/bail. In the event of a disposition, the parties shall execute the appropriate documents for the Judge to consider the matter on the record. Pre-trial hearings should be held no later than 30 days after arraignment unless otherwise approved by the court. (b) In cases which proceed to trial, the parties shall identify with specificity all motions and counsel may be required to articulate on the record the basis for any motion. All rulings made at the pre-trial hearing or subsequent motion hearing(s) shall be binding on the parties and shall not be relitigated at trial. Any motion not identified at pre-trial shall be deemed waived unless otherwise allowed by the court. Parties shall identify only those motions for which there is a good faith belief that the motion is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law. Parties shall comply with CrRLJ 3.6. 3) The court shall assign dates and give written notice to the parties for future motion hearings and trial at the time of the pre-trial conference and shall, in so far as is reasonably possible, schedule those hearings in consultation with both parties. Other factors, such as witness availability, shall also be considered. 4) (a) A jury call/readiness hearing will be scheduled in all cases proceeding to trial unless specifically waived by the court in a particular case for good cause shown. This calendar will be held during the week approximately 1 week prior to the scheduled trial or as otherwise set by the court. The defendant shall be required to attend this hearing unless excused by the court. Failure to attend the jury call/readiness hearing may result in the issuance of a bench warrant and/or forfeiture of bond/bail. (b) A request for a jury trial date constitutes an assurance that the parties will be ready to begin jury selection immediately on the morning of trial and submit jury instructions at the call of the jury calendar. (c) At the conclusion of the readiness hearing, the court will no longer accept any plea bargaining arrangements. Therefore, the case will be tried by jury unless waived by the defendant, or concluded by a guilty plea to the original charge(s), or a dismissal of the charge(s). When a defendant enters a plea to an offense as charged after having confirmed for jury trial at the readiness hearing, the court shall assess jury costs in the amount of one hundred twenty-five dollars ($125). Jury costs may be waived by agreement of the parties or at the discretion of the court. (Effective 09/01/12)
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