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The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.
These hearings are conducted primarily to determine if you and the State of Utah can reach a plea bargain. This is called Waiver Hearing because if you reach a plea bargain with the State, a preliminary hearing and trial will not be necessary, and you will ?waive? them.
At its discretion, the trial court may hold a pretrial conference in which the prosecutor and defense attorney attempt to negotiate settlement of the case. A judge may refuse to approve a proposed settlement. Cases not settled are set for trial.
If the judge finds there is enough evidence, the case proceeds to the next stage. Arraignment: The defendant is formally charged and enters a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, a trial date is set.
Pretrial conference The judge or commissioner will lead a discussion about: Whether the parties can settle some parts or all of the case ? the case could be assigned to another judge for help with settlement.
Status hearing ? A hearing in which the judge assesses the progress of the case or addresses problems the parties are having. Statute ? A statute is a formal written law. Federal statutes are found in the United Stated Code. South Dakota statutes are found in South Dakota Codified Laws.
Upon a defendant's request, the government must furnish the defendant with a copy of the defendant's prior criminal record that is within the government's possession, custody, or control if the attorney for the government knows?or through due diligence could know?that the record exists.
The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence.