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Rule 35

Rule 35. Victims and witnesses.

(a) The prosecuting agency shallinform all victims and subpoenaed witnesses of their responsibilities duringthe criminal proceedings.

(b) The prosecuting agency shallinform all victims and subpoenaed witnesses of their right to be free fromthreats, intimidation and harm by anyone seeking to induce the victim orwitness to testify falsely, withhold testimony or information, avoid legalprocess, or secure the dismissal of or prevent the filing of a criminalcomplaint, indictment or information.

(c) If requested by the victim, theprosecuting agency shall provide notice to all victims of the date and time ofscheduled hearings, trial and sentencing and of their right to be presentduring those proceedings and any other public hearing unless they aresubpoenaed to testify as a witness and the exclusionary rule is invoked.

(d) The informational rights ofvictims and witnesses contained in paragraphs (a) through (c) of this rule arecontingent upon their providing the prosecuting agency and court with theircurrent telephone numbers and addresses.

(e) In cases where the victim orthe victim's legal guardian so requests, the prosecutor shall explain to thevictim that a plea agreement involves the dismissal or reduction of charges inexchange for a plea of guilty and identify the possible penalties which may beimposed by the court upon acceptance of the plea agreement. At the time ofentry of the plea, the prosecutor shall represent to the court, either inwriting or on the record, that the victim has been contacted and an explanationof the plea bargain has been provided to the victim or the victim's legalguardian prior to the court's acceptance of the plea. If the victim or thevictim's legal guardian has informed the prosecutor that he or she wishes toaddress the court at the change of plea or sentencing hearing, the prosecutorshall so inform the court.

(f) The court shall not requirevictims and witnesses to state their addresses and telephone numbers in opencourt.

(g) Judges should give schedulingpriority to those criminal cases where the victim is a minor in an effort tominimize the emotional trauma to the victim. Scheduling priorities for casesinvolving minor victims are subject to the scheduling priorities for criminalcases where the defendant is in custody.