New York Sample Letter Regarding Draft of Proposed Pretrial Order - Revised Exhibit List
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FAQ
Rule 16 governs the mandatory disclosure of evidence. Colorado Rule of Criminal Procedure § 16 ? the mandatory disclosure rule ? lays out what evidence prosecutors and defense attorneys are required to turn over to each other prior to trial.
The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.
Rule 17 of the Federal Rules of Criminal Procedure deals with subpoenas. Subdivision (f)(2) as proposed by the Supreme Court provides: The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court. B. Committee Action.
Rule 16 conferences that deal with discovery of electronically stored information may be of significant value to the parties and to the court. New item (6) makes specific reference to consideration at the pre-trial conference of matters relating to electronically stored information.
(b) Scheduling. (1) Scheduling Order. Upon request by a party, except in categories of actions exempted by district court rule, the judge must issue a scheduling order after consulting with the parties' attorneys and any unrepresented parties at a scheduling conference or by telephone, mail, or other means.
