Perry Circuit Court Pre-Motion Conference Requirements

Criminal cases are assigned a pretrial conference at arraignment; defense counsel must attend and submit expected written motions, and additional motions afterward require leave of Court subject to the stated exceptions.

At the time of arraignment, each case shall be assigned for a pre-trial conference and trial . Pre-trial conferences shall be held as a matter of course in all criminal cases . Participants in the pre-trial conference shall be the Commonwealth Attorney, the defendant and his or her attorney . The attorney appearing for the defendant at arraignment shall be in attendance at the pre-trial conference and shall submit such written motions as he shall expect to offer in the case . No additional motions may be offered after pre-trial conference, except by leave of the Court upon a showing of excusable neglect or if it concerns matter of which he was not aware or which did not come to his attention prior to the time of the pre-trial conference or in the interest of justice .

Before filing a motion to compel discovery, for a protective order, or for sanctions under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.

A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute . Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery .