Rule 40.01 Authority

A judge has the power to call a meeting before a criminal trial starts. This meeting is called a pretrial conference. The judge can require both sides, the prosecution and the defense, to attend and discuss the case before it goes to trial.

This rule works together with another rule, W.Va. R.Crim.P. 17.1, which also allows for these meetings. The point of a pretrial conference is to sort out issues ahead of time so the trial runs more smoothly. This can include talking about evidence, legal questions, or other matters that need to be settled before the trial begins.

If you are involved in a criminal case, this means the judge might schedule a meeting with your lawyer and the prosecutor before your trial date. This is a normal part of preparing for trial and gives both sides a chance to address problems early, rather than during the trial itself.