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(a) Unless otherwise ordered by the judge 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 bond. In the event of a disposition, the parties shall execute the appropriate documents for the judge to consider the matter on the record. (b)(2) In cases which will proceed to trial, the parties shall fully complete the pre-trial order form provided by the court unless the judge in a specific case waives the requirement of filing the written order. Any division may adopt a rule waiving the requirement of a written order in any case to be tried to the bench when the parties stipulate on the record that the matter is ready for trial and all pre-trial motions are waived. All pre-trial orders will be presented to and signed by the judge in open court on the record, unless otherwise ordered by the judge in a specific case. (b)(3) In the written pre-trial order form, 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 motions not filed at pre-trial may be deemed waived unless otherwise allowed by the court. Counsel shall file 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, insofar as is reasonably possible, schedule those hearings in consultation with defense 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 judge in a particular case for good cause shown. This calendar will be held during the week prior to the first day of the jury term. The defendant shall be required to attend this hearing unless excused by the court. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of bond. (d)(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. {Adopted effective September 1, 1996}
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