THE COURTS
FRANKLIN AND FULTON COUNTIES
Adoption of Local Criminal Rule 39-311; Misc. Vol. 5 Page 250
[30 Pa.B. 4224]
Order of Court July 27, 2000, the following Criminal Action Rules are adopted for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin County Branch: 39-311, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
JOHN R. WALKER,
President JudgeRule 39-311. Criminal Pretrial Conferences.
1. In the Franklin County Branch, one full court day each criminal trial term shall be scheduled for the purpose of holding pretrial conferences in cases scheduled for jury 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 of 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 court 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 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 agreements will be accepted by the court, except for 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.
[Pa.B. Doc. No. 00-1377. Filed for public inspection August 11, 2000, 9:00 a.m.]
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