Arkansas

Criminal Procedure

Rule 20.4 – Pretrial Conference

(a) Whenever a trial is likely to be protracted or unusually complicated, or upon request by or agreement of counsel, the trial court, whether or not an omnibus hearing has been held, may hold one (1) or more pretrial conferences with trial counsel present to consider such matters as will promote a fair and expeditious trial. Matters which might usefully be considered include, but are not limited to:

(i) stipulations as to facts about which there is no dispute;

(ii) marking for identification various documents and other exhibits of the parties;

(iii) waivers of foundation as to such documents;

(iv) excision from admissible statements of material prejudicial to a codefendant;

(v) severance of defendants or offenses;

(vi) seating arrangements for defendant and counsel;

(vii) use of jurors and questionnaires;

(viii) number and use of peremptory challenges;

(ix) procedure on objections where there are multiple counsel;

(x) order of presentation of evidence and arguments where there are multiple defendants;

(xi) order of cross-examination where there are multiple defendants; and

(xii) temporary absence of defense counsel during trial.

(b) Pretrial conferences should be recorded. At the conclusion of the conference a memorandum of the matters agreed upon should be signed by counsel, approved by the court, and filed. Such memorandum should be binding upon the parties at trial, on appeal and in post-conviction proceedings unless set aside or modified by the court in the interests of justice. However, admissions of fact should bind a defendant only if they are included in the pretrial order and are signed by him and his counsel.

Ark. R. Crim. P. 20.4

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