Arkansas

Criminal Procedure

Criminal Procedure

Rule 20.3 – Omnibus Hearing

(a) At the omnibus hearing, the trial court on its own initiative shall:

(i) ensure that standards regarding provision of counsel have been complied with;
(ii) ascertain whether the parties have completed the discovery required in Rule 17.1, and if not, make orders appropriate to expedite completion;
(iii) ascertain whether there are requests for additional disclosures under Rules 17.3, 17.4, 18.2, and 18.3;
(iv) make rulings on any motions, demurrers or other requests then pending, and ascertain whether any additional motions, demurrers or requests will be made at the hearing or continuations thereof;
(v) ascertain whether there are any procedural or constitutional issues which should be considered;
(vi) upon agreement of counsel, or upon a finding that the trial is likely to be protracted or otherwise unusually complicated, set a time for a pretrial conference; and
(vii) permit a defendant to change his plea.
(b) Unless the court otherwise directs, all motions, demurrers and other requests prior to trial should be reserved for the omnibus hearing and presented orally. All issues presented at the omnibus hearing may be raised without prior notice either by counsel or by the court. If discovery, investigation, preparation, or evidentiary hearing, or a formal presentation is necessary for a fair determination of any issue, the omnibus hearing should be continued until all matters are properly disposed of.
(c) Any pretrial motion, request or issue which is not raised at the omnibus hearing shall be deemed waived, unless the party concerned did not have the information necessary to make the motion or request or raise the issue.
(d) Stipulations by any party or his counsel shall be binding upon the parties at trial unless set aside or modified by the court in the interests of justice.
(e) A verbatim record or comprehensive summary of the omnibus hearing shall be made and preserved. This record shall include the disclosures made, all rulings and orders of the court, stipulations of the parties, and an identification of other matters determined or pending.

Ark. R. Crim. P. 20.3