Clar. Cnty. Pa. 570

As amended through November 15, 2017
Rule 570 - Pretrial Conference
(A) The pretrial conference shall take place on the date set in the Case Tracking Information Form pursuant to L.R.Crim.P. L 543(C)(2).
(B) The defendant shall attend the pretrial conference or be available by telephone at the time of the pretrial conference, unless the court excuses the defendant in advance.
(C) The court shall conduct the pretrial conference in accordance with Pa.R.Crim.P. 570. Counsel in attendance at the pretrial conference shall be prepared and authorized to address the following topics:
(1) the terms and procedures for pretrial discovery and inspection,

Comment: Commonwealth and defense counsel shall make a good faith effort to resolve all pretrial discovery and inspection issues prior to the pretrial conference.

(2) all motions including those for pretrial discovery and inspection,
(3) the simplification or stipulation of factual issues, including admissibility of evidence,
(4) the qualification of exhibits, such as pictures, documents, confessions, and records, as evidence to avoid unnecessary delay,
(4) the number of witnesses who are to give testimony of a cumulative nature,
(5) pleas to various counts of the information(s) and whether the jury should be informed of such pleas,
(6) the nolle prosequi or other disposition of some counts of the information(s),
(7) all objections or defenses which are capable of determination before trial,

Comment: The attorneys should raise the legal and evidentiary issues which may need to be resolved before or during trial which counsel know or reasonably should know about, and provide the court with legal authority in support of their positions.

(8) whether a defense of alibi, or insanity, or diminished responsibility resulting from other mental infirmity, or other defenses will be raised at trial, as to which appropriate rulings may be made,
(9) the time needed for completion of jury selection and trial and the date(s) of the trial,

Comment: Before the date of the pretrial conference, the attorneys shall communicate with each other and agree upon the number of days needed to complete the trial and select a trial date or dates from the list of available dates provided by the court.

(10) the availability of all persons who may testify at trial on the date(s) selected,

Comment: Before the date of the pretrial conference, the attorneys, or someone acting on their behalf, shall use all reasonable efforts to contact all potential witnesses and determine whether they are available to testify on the date(s) selected. If there is any issue concerning the availability of any witness, the attorney for the party who wants to call the witness shall raise the issue at the pretrial conference to be addressed by the court. If he or she fails to raise the issue, then the unavailability of a witness due to lack of notice and confirmation of his or her availability shall not be grounds for a continuance of the trial. This rule is not intended to change Pa.R.Crim.P. 573(C).

(11) any other matters which may aid in the disposition of the proceeding.

Comment: Before the date of the pretrial conference, the attorneys shall discuss the topics listed in L.R. 570 (B) (1) through (11) and when possible, reach agreements which may aid in the disposition of the proceeding.

(D) Defendants who are not represented by counsel shall be required to comply with this Local Rule.

Clar. Cnty. Pa. 570