Rule 41.01.  Notice of Change of Plea Hearing.

When a change of plea has been negotiated by the parties to a criminal case, counsel will advise the court promptly. The court will set a change of plea date at the earliest possible time. For speedy trial purposes, absent a finding by the court of extraordinary circumstances, the parties to any plea agreement shall be deemed to have stipulated to a tolling of the speedy trial time.

42.01.  Presentation of Statement of Facts and Potential Witnesses.

Prior to jury selection, unless otherwise ordered, the prosecutor and counsel for the defense shall each prepare and present to the court and to opposing counsel a statement of facts for the case being tried, which shall include the names of potential witnesses each may call during trial, including the place of residence or the municipal entity, if any, in which they live.

42.02.  Presentation of Jury Instructions.

Each counsel shall prepare jury instructions, indicating citations and authorities, and if the court directs, verdict forms and special interrogatories, and present them to the presiding judicial officer and serve them on opposing counsel not less than three (3) business days before the day set for trial or at such other times as the presiding judicial officer may order.

42.03.  Voir Dire.

(a)  The attorneys conducting the case shall be permitted to ask voir dire questions of the prospective jury panel members unless the presiding judicial officer finds that there are justifiable reasons to deny such attorney voir dire. The attorneys shall advise the judicial officer of the subject matter of the voir dire questions at such time prior to the actual questioning of the prospective jury panel as the judicial officer may designate. The judicial officer may allow individual voir dire by the attorneys upon a showing of good cause or where questioning such juror in open court in the presence of the other jury panel members would be prejudicial or cause undue embarrassment to the prospective juror.

(b)  If attorney-conducted voir dire is not permitted, the attorneys conducting the case may request that the judicial officer ask specific additional or supplemental voir dire questions of the prospective jury members.

(c)  Attorneys may lodge objections to the exercise of judicial discretion in limiting voir dire or to prospective questions at any time prior to and during the examination of prospective jury members. Objections shall be made on the record.


Last Modified on RuleDex:

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