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Rule35. Victims and witnesses.

 

(a) The prosecutingagency shall inform all victims and subpoenaed witnesses of theirresponsibilities during the criminal proceedings.

 

(b) The prosecutingagency shall inform all victims and subpoenaed witnesses of their right to befree from threats, intimidation and harm by anyone seeking to induce the victimor witness 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 thevictim, the prosecuting agency shall provide notice to all victims of the dateand time of scheduled hearings, trial and sentencing and of their right to bepresent during those proceedings and any other public hearing unless they aresubpoenaed to testify as a witness and the exclusionary rule is invoked.

 

(d) The informationalrights of victims and witnesses contained in paragraphs (a) through (c) of thisrule are contingent upon their providing the prosecuting agency and court withtheir current telephone numbers and addresses.

 

(e) In cases where thevictim or the victim's legal guardian so requests, the prosecutor shall explainto the victim that a plea agreement involves the dismissal or reduction ofcharges in exchange for a plea of guilty and identify the possible penaltieswhich may be imposed by the court upon acceptance of the plea agreement. At thetime of entry of the plea, the prosecutor shall represent to the court, eitherin writing or on the record, that the victim has been contacted and anexplanation of the plea bargain has been provided to the victim or the victim'slegal guardian prior to the court's acceptance of the plea. If the victim orthe victim's legal guardian has informed the prosecutor that he or she wishesto address the court at the change of plea or sentencing hearing, theprosecutor shall so inform the court.

 

(f) The court shall notrequire victims and witnesses to state their addresses and telephone numbers inopen court.

 

(g) Judges should givescheduling priority to those criminal cases where the victim is a minor in aneffort to minimize the emotional trauma to the victim. Scheduling prioritiesfor cases involving minor victims are subject to the scheduling priorities forcriminal cases where the defendant is in custody.

 

Effective November 1,2003