TMCLR 3.1
PRE-TRIAL HEARINGS
A. General: 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. 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. 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. Scheduling: 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.
C. Motions: 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 motions 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. 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. Counsel shall
comply with CrRLJ 3.6.
D. Readiness: 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 approximately one week prior to the scheduled jury
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. Both parties must have their witnesses
present at the readiness hearing. This requirement does not
apply to the reporting police officers, expert witnesses, or
those specifically excused by the court. Absent a showing of
good cause for their absence, witnesses who do not appear at
the readiness calendar may be stricken from the witness
list. A confirmation of readiness 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.
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