(a) In the Court of First Instance.— At any time after the indictment is read to the defendant the court, upon motion by either party or on its own, may provide for the holding of one or more conferences for the purpose of considering any matters susceptible of being solved or stipulated prior to the pretrial. At the end of the conference, the court shall prepare a record stating the agreements reached and any orders entered. The record shall be filed as part of the record in the case, once it is accepted and signed by the defendant, his counsel and the prosecuting attorney. No admission of the defendant or of his counsel in the conference shall be used against him unless the defendant by a written motion, duly signed by him and his counsel so authorize and accept.
(b) In the District Court.— After filing of the proper complaint in the District Court, provided the People is represented by a prosecuting attorney, there may be held a pretrial conference following the procedure established in this rule.
(c) Presence of defendant.— Every conference shall be held in the presence of the defendant and his counsel or with the sole legal representation of the first, provided that the defendant expressly authorizes his counsel in writing to do so. The written authorization shall be made part of the record.
(d) When it shall be held.— The pretrial conference shall be held in chambers at least ten (10) days before the trial, except that under exceptional circumstances, or upon motion by either party, the court may hold it at any time before the trial.
(e) Effects of agreements.— The stipulations and other agreements reached by the parties shall be the law between the parties and shall govern subsequent procedures of the specific case object of the conference.
(f) Judge may preside the trial.— The judge who presided over the conference may hear and preside over the case on its merits.
History —Added on June 26, 1974, No. 88, Part 1, p. 311, eff. 90 days after June 26, 1974.