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| Superior Court ~ Page 3 |
| Credits: Thank You |
| Guide Content |
| Legal Proceedings - Superior Court ~ Page 2 |
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| Pre-Trial Conferences The next scheduled hearing after the Superior Court arraignment will be a pre-trial conference. Pre-trial conference hearings are held to give the prosecutor and the defense attorney an opportunity to exchange information about the case. Copies of all statements, police reports, and physical evidence must be turned over to the defense. The defense must also turn over similar items to the prosecution. This exchange of information is called discovery. Future hearing dates are also chosen at the pre-trial conference. For example, dates to hear motions, additional pre-trial conferences, and a trial date are often determined at the pre-trial conference. |
| As a rule, the general public may be present at all court proceedings, including pre-trial conference hearings. However, there may be occasions when discussions will take place in the judge's chamber or a private conference room and you will be unable to attend. After the case has conferenced, the two attorneys will report to the judge, who will officially select the next court date. Whether or not you decide to attend the pre-trial conference, the prosecutor or your advocate will keep you informed of both the outcome and the scheduling of a trial date. If you know a particular time period may be especially difficult for you, e.g., surgery, family wedding pre-planned trip, the birth date of the victim or anniversary date of the murder, please discuss you concerns with the prosecutor. The trial date is set by the judge, and there is no guarantee that the scheduled proceeding can be changed. However, given enough notice, the prosecutor may be able to discuss your concerns with the judge, who is ultimately the only one with the power to change the date. |
| Motions While the case is pending, there will be a number of legal questions and issues that can only be answered and resolved by an order from the court. To get the issue before the court, either the defense or the prosecution will motion the court for a specific ruling. Following are a few examples of the more popular motions filed during the pendency of a homicide case. |
| Motion For Discovery Quite often the defense will motion the court to determine whether the prosecution has additional evidence or reports in its possession that it has not turned over to the defense. The court will determine what evidence the defense should have access to and will order the prosecutor to turn over certain items accordingly. This motion is argued orally by the two attorneys. |
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