Local Rule LR16.2: Pretrial Conferences in Criminal Cases

LR16.2 Pretrial Conferences in Criminal Cases In all criminal cases in which a defendant has entered a plea of not guilty to an indictment or information and is represented by counsel, a notice of pretrial conference shall be provided to the defendant and his or her counsel. This pretrial conference shall be held by the magistrate judge or by the district judge pursuant to Rule 17.1 of the Federal Rules of Criminal Procedure. If no evidence is to be taken and matters of law are discussed only, the defendant does NOT have to be present. If no evidence is to be taken, an incarcerated defendant must request to attend the pretrial conference 7 days prior to the scheduled conference. If evidence is to be taken at the pretrial conference, the defendant must be present. Counsel who will actually try the case must appear at the pretrial conference.

The proceedings will be electronically or stenographically recorded. No admissions made by a defendant or his or her attorney at the conference shall be used against the defendant unless the admissions are reduced to writing and signed by the defendant and his or her attorney.

Following the pretrial conference, an order will be prepared by the district judge, the magistrate judge or by counsel if so directed. If the order contains stipulations, it shall be signed by the defendant(s), defendant(s)' counsel, and the United States Attorney. When so signed, the order shall be binding on the parties at trial and shall be modified only to prevent manifest injustice.