Pretrial conference. On its own, or on a party’s motion, the court may hold one or more pretrial conferences to promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memorandum of any matters agreed to during the conference. The government may not use any statement made during the conference by the defendant or the defendant’s attorney unless it is in writing and is signed by the defendant and the defendant’s attorney. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See Xxxxxxx
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Pretrial conference. On its own, or on a party’s motion, the court may hold one or more pretrial conferences to promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memorandum of any matters agreed to during the conference. The government may not use any statement made during the conference by the defendant or the defendant’s attorney unless it is in writing and is signed by the defendant and the defendant’s attorney. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See XxxxxxxXxxxxxx Rule 18 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 92 v. California, 422 U.S. 806 (1975). The amended version makes clear that a pretrial conference may be held in these circumstances. Moreover, the Committee be- lieved that pretrial conferences might be particularly useful in those cases where the defendant is proceeding pro se. TITLE V. VENUE
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Pretrial conference. On its own, or on a party’s motion, the court may hold one or more pretrial conferences to promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memorandum of any matters agreed to during the conference. The government may not use any statement made during the conference by the defendant or the defendant’s attorney unless it is in writing and is signed by the defendant and the defendant’s attorney. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 Notes of Advisory Committee on Rules—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT Notes of Advisory Committee on Rules—1987 Amendment The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See Xxxxxxx
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Samples: Title
Pretrial conference. On its own, At any time after the filing of the indictment or on a party’s motion, information the court upon motion of any Page 79 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 18 party or upon its own motion may hold order one or more pretrial conferences to consider such matters as will promote a fair and expeditious trial. When At the conclusion of a conference ends, the court must prepare shall pre- pare and file a memorandum of any the matters agreed to during the conferenceupon. The government may not use any statement No admissions made during the conference by the defendant defend- ant or the defendant’s attorney unless it is in at the con- xxxxxxx shall be used against the defendant un- less the admissions are reduced to writing and is signed by the defendant and the defendant’s attorneyat- xxxxxx. This rule shall not be invoked in the case of a defendant who is not represented by counsel. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 Notes of Advisory Committee on Rules—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT Notes of Advisory Committee on Rules—1987 Amendment The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See XxxxxxxV. VENUE
Appears in 1 contract
Samples: Title
Pretrial conference. On its own, or on a party’s motion, the court may hold one or more pretrial conferences to Rule 18 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 92 promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memorandum of any matters agreed to during the conference. The government may not use any statement made during the conference by the defendant or the defendant’s attorney unless it is in writing and is signed by the defendant and the defendant’s attorney. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See Xxxxxxx
Appears in 1 contract
Samples: Title
Pretrial conference. On its own, At any time after the filing of the indictment or on a party’s motion, information the court upon motion of any party or upon its own motion may hold order one or more pretrial conferences to consider such matters as will promote a fair and expeditious trial. When At the conclusion of a conference ends, the court must prepare shall pre- pare and file a memorandum of any the matters agreed to during the conferenceupon. The government may not use any statement No admissions made during the conference by the defendant defend- ant or the defendant’s attorney unless it is in at the con- xxxxxxx shall be used against the defendant un- less the admissions are reduced to writing and is signed by the defendant and the defendant’s attorneyat- xxxxxx. This rule shall not be invoked in the case of a defendant who is not represented by counsel. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See XxxxxxxV. VENUE
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Samples: Title
Pretrial conference. On its own, or on a party’s motion, the court may hold one or more pretrial conferences to promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memorandum of any matters agreed to during the conference. The government may not use any statement made during the conference by the defendant or the defendant’s attorney unless it is in writing and is signed by the defendant and the defendant’s attorney. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 Notes of Advisory Committee on Rules—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT Notes of Advisory Committee on Rules—1987 Amendment The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See XxxxxxxXxxxxxx Rule 18 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 92 v. California, 422 U.S. 806 (1975). The amended version makes clear that a pretrial conference may be held in these circumstances. Moreover, the Committee be- lieved that pretrial conferences might be particularly useful in those cases where the defendant is proceeding pro se. TITLE V. VENUE
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Samples: Title
Pretrial conference. On its own, At any time after the filing of the indictment or on a party’s motion, information the court upon motion of any party or upon its own motion may hold order one or more pretrial conferences to consider such matters as will promote a fair and expeditious trial. When At the conclusion of a conference ends, the court must prepare shall pre- pare and file a memorandum of any the matters agreed to during the conferenceupon. The government may not use any statement No admissions made during the conference by the defendant defend- ant or the defendant’s attorney unless it is in at the con- xxxxxxx shall be used against the defendant un- less the admissions are reduced to writing and is signed by the defendant and the defendant’s attorneyat- xxxxxx. This rule shall not be invoked in the case of a defendant who is not represented by counsel. (Added Feb. 28, 1966, eff. July 1, 1966; amended Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 Notes of Advisory Committee on Rules—1966 This new rule establishes a basis for pretrial con- xxxxxxxx with counsel for the parties in criminal cases within the discretion of the court. Pretrial conferences are now being utilized to some extent even in the ab- sence of a rule. See, generally, Xxxxxxxx, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); Xxxxxxx, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); Xxxxxxx, The Appalachian Trial: Further Observations on Pre-Trial in Criminal Cases, 44 J.Am.Jud.Soc. 53 (1960); West, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 436 (1962); Hand- book of Recommended Procedures for the Trial of Pro- tracted Cases, 25 F.R.D. 399–403, 468–470 (1960). Cf. Mo.Sup.Ct. Rule 25.09; Rules Governing the N.J. Courts, § 3:5–3. The rule is cast in broad language so as to accommo- date all types of pretrial conferences. As the third sen- tence suggests, in some cases it may be desirable or necessary to have the defendant present. See Commit- tee on Pretrial Procedure of the Judicial Conference of the United States, Recommended Procedures in Xxxxx- nal Pretrials, 37 F.R.D. 95 (1965). NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT Notes of Advisory Committee on Rules—1987 Amendment The amendments are technical. No substantive change is intended. COMMITTEE NOTES—2002 AMENDMENT The language of Rule 17.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rule 17.1 prohibits the court from holding a pretrial conference where the defendant is not rep- resented by counsel. It is unclear whether this would bar such a conference when the defendant invokes the constitutional right to self-representation. See XxxxxxxV. VENUE
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Samples: Title
