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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