Pretrial conference. At any time after the filing of the indictment or information the court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. At the conclusion of a conference the court shall pre- pare and file a memorandum of the matters agreed upon. No admissions made by the defend- ant or the defendant’s attorney at the con- ▇▇▇▇▇▇▇ shall be used against the defendant un- less the admissions are reduced to writing and signed by the defendant and the defendant’s at- ▇▇▇▇▇▇. 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.) This new rule establishes a basis for pretrial con- ▇▇▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); ▇▇▇▇▇▇▇, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); ▇▇▇▇▇▇▇, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); ▇▇▇▇▇▇▇, 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 ▇▇▇▇▇- nal Pretrials, 37 F.R.D. 95 (1965). The amendments are technical. No substantive change is intended. V. VENUE
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Pretrial conference. At any time after the filing of the indictment On its own, or information on a party’s motion, the court upon motion of any party or upon its own motion may order hold one or more pretrial conferences to consider such matters as will TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 92 promote a fair and expeditious trial. At the conclusion of When a conference ends, the court shall pre- pare must prepare and file a memorandum of the any matters agreed uponto during the conference. No admissions The government may not use any statement made during the conference by the defend- ant defendant or the defendant’s attorney at the con- ▇▇▇▇▇▇▇ shall be used against the defendant un- less the admissions are reduced to unless it is in writing and is signed by the defendant and the defendant’s at- ▇▇▇▇▇▇. This rule shall not be invoked in the case of a defendant who is not represented by counselattorney. (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- ▇▇▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇, Criminal Pre- Trials—Useful Techniques, 29 F.R.D. 442 (1962); Estes, Pre-Trial Conferences in Criminal Cases, 23 F.R.D. 560 (1959); ▇▇▇▇▇▇▇, Pre-Trial in Criminal Cases, 23 F.R.D. 551 (1959); ▇▇▇▇▇▇▇, Pre-Trial in Criminal Cases, 42 J.Am.Jud.Soc. 150 (1959); ▇▇▇▇▇▇▇, 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 ▇▇▇▇▇- 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. V. VENUECOMMITTEE 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 ▇▇▇▇▇▇▇
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