MIMCLR 3
PRE-TRIAL AND READINESS HEARINGS.
(a) 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.
(b) (1) 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 bail/bond. In the event of a disposition,
the parties shall execute the appropriate documents for the
Judge to consider the matter on the record.
(2) In cases that 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 re-litigated at trial. Any
motion not identified at pre-trial may be deemed waived
unless otherwise allowed by the Court. Counsel 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.
(c) The Court shall assign dates and give written notice to
the parties for motion hearings and trial at the time of the
pre-trial conference and shall, in so far as is reasonably
possible, schedule those hearings after consultation with
all counsel. Other factors, such as witness
availability, shall also be considered.
(d) (1) A jury call/readiness hearing will be scheduled in
all cases proceeding to jury unless specifically waived by
the Court in a particular case for good cause shown. This
calendar will be held during the week prior to the scheduled
jury trial. The defendant shall be required to attend this
hearing unless excused by the Court. Failure to attend the
readiness hearing may result in the issuance of a bench
warrant, the case being stricken from the month's jury
calendar, and/or forfeiture of bail/bond.
(2) 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.
(e) A Jury trial must be confirmed by the defendant, or
defense council, or prosecuting attorney by notifying the
court at or before 1:30 p.m. the court day prior to trial.
Failure to do so may result in witness or jury costs being imposed.
[Adopted effective September 1, 2006]
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