HomeMy WebLinkAboutRule 39- 311. Criminal Pretrial Conferences
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RULE 39311 CRIMINAL PRETRIAL CONFERENCES
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1.In the Franklin County Branch, one full court day each criminal term shall be scheduled for
the purpose of holding pretrial conferences in cases scheduled for trial during that term which
have a significant potential for trial. The pretrial conferences will be conducted by the
assigned judge in accordance with Pa.R.Crim. P. 311 and the following procedures:
A.At the time of the call of the list for both incarcerated defendants and defendants on
bail, the District Attorney and counsel for the defendant will make an effort to
determine which cases have a significant potential for trial by jury. Subsequent to the
completion of the call of the list for both incarcerated defendants and defendants on
bail, a written notice of the pretrial conference will be given to defendants who have
requested a jury trial and whose cases have a significant potential for trial. The District
Attorney will prepare a list of these cases and submit it to the Court Administrator for
distribution to the assigned judge, the Franklin County Sheriff's Department, the office
of the Public Defender, the Franklin County Probation Department and any other
appropriate agency
B.The Court Administrator will schedule the dates for the call of the list in sufficient
time prior to the conferences to allow the District Attorney and defense counsel to
evaluate the cases with potential for trial.
C.The conferences will be scheduled for the Thursday prior to the date for jury selection
and will begin promptly at 9:00 a.m.
D.The Court Administrator will divide the list of cases for conference and half will be
assigned to the morning session which will begin at 9:00 a.m. and half will be
assigned to an afternoon session which will begin at 1:30 P.M.
E.The District Attorney will prepare transportation Orders for all those incarcerated
defendants whose cases are scheduled for conference.
F.At the time of the conference the Commonwealth and counsel for the defendant will
be prepared to discuss plea negotiations and/or preparation of the case for trial. All
counsel must be thoroughly prepared to discuss witness testimony, time for trial, voir
dire issues, evidentiary issues and any other matters related to trial preparation. The
Court will not require written pretrial memorandum. In the event the matter is not
settled, the conference judge will proceed in accordance with the Pa.R.Crim.P. 311
and issue any orders necessary to prepare the matter for trial. The Court Administrator
will schedule a date certain for trial in all cases not settled. Once the matter has been
scheduled for trial, no plea agreement will be accepted by the court, except in
extraordinary circumstances.
G.This Order is not intended to preclude any timely request to the Court Administrator
for separate listing of a pretrial conference in accordance with Pa.R.Crim.P. 311.
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