Rule 7.4.Criminal Matters

Rule 7.4 gives the judge in a criminal case the option to call a pretrial conference at or after arraignment, including at the arraignment itself. There is no fixed trigger beyond that floor — the timing is left to the judge’s judgment about when it will help move the case along — but once called, the conference has to be attended by the lawyers who will try the case, not stand-ins.

The conference carries real stakes for pending motions. Any motion, special plea, or demurrer not already decided gets presented and heard at the conference, and anything not brought to the judge’s attention there is deemed abandoned and waived. The judge has discretion to revive an abandoned matter later for good cause, so the waiver is not absolute, but counsel who lets a motion slide risks losing it. The judge can also postpone a ruling on anything raised, so the conference does not force snap decisions on every point.

The rule also asks counsel to help the trial run smoothly without giving away their hand. Attorneys should flag likely evidentiary problems or anything else that might cause delay, as long as doing so does not reveal confidential trial strategy — the goal is letting the judge head off a mid-trial holdup, not forcing early disclosure of tactics. Where possible, the judge sets a firm trial date at the conference, and counsel are encouraged, though not required, to enter reasonable stipulations that narrow what needs proving at trial.