Rule 9-16. Rules Applicable to Criminal Cases

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Rule 9-16. Rules Applicable to Criminal Cases

   A. Informations shall be filed within 7 working days after a defendant is bound over for trial. The information shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty. The county attorney shall attach to the information, memorandum showing where the defendant may be served, either at his or her place of residence or place of employment, together with the name of the attorney for the defendant at preliminary hearing. The clerk will make two copies of the information, delivering the original and one copy to the sheriff with instructions for service upon the defendant. The other copy shall remain in the court file until the original is returned. Upon return of service of the information, the bailiff or clerk will fix and calendar a date for arraignment and notify the county attorney's office and the attorney for the defendant. If the defendant waives service of the information, he or she shall do so in writing and the waiver shall be filed with the information.

   B. If the defendant is confined in jail, it is the duty of the county attorney to notify the sheriff and have the defendant before the court promptly at the time fixed by the court.

   C. If the defendant is released on bond, it is the duty of the defense counsel to notify the defendant to be present before the court promptly at the time fixed by the court.

   D. It shall be the duty of the defense counsel to arrange for the initial presentence interview of the defendant with the probation officer. The probation officer shall have no responsibility to search for the defendant, and if the defendant fails to present himself or herself promptly for the presentence interview, such failure shall be reported to the court and may result in revocation of bond.

   E. It is the duty of counsel offering evidence through a witness requiring an interpreter to timely notify the court. It is the duty of defense counsel to timely notify the court of the defendant's need for an interpreter.

Approved September 9, 2010.