Pretrial conference. At any time after the filing of the indictment or information, any party may move for a pre- trial conference to consider matters relating to classified information that may arise in connec- tion with the prosecution. Following such mo- tion, or on its own motion, the court shall promptly hold a pretrial conference to establish the timing of requests for discovery, the provi- sion of notice required by section 5 of this Act, and the initiation of the procedure established by section 6 of this Act. In addition, at the pre- trial conference the court may consider any matters which relate to classified information or which may promote a fair and expeditious trial. No admission made by the defendant or by any attorney for the defendant at such a con- xxxxxxx may be used against the defendant un- less the admission is in writing and is signed by the defendant and by the attorney for the de- fendant. (Pub. L. 96–456, § 2, Oct. 15, 1980, 94 Stat. 2025.)
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...
