At the time of the hearing, it will be expected that defense counsel and Prosecuting Attorney will have already met and disposed of all matters on the omnibus application that can be disposed of and that plea bargaining will have been considered.
If there are any unresolved matters, they will be determined by the Court at the hearing, or, upon good cause shown, they may be set for a further hearing. If it is necessary to hold a suppression hearing, a date certain will be set for such hearing at the time of the omnibus hearing. However, the matter of suppression may be reserved at the first omnibus hearing. The defendant shall be present at the omnibus hearing. If there will be no pre-trial motions or hearings in a case, and all parties agree that an omnibus hearing would not be beneficial, waiver of the hearing may be requested by written stipulation which shall be signed by the Prosecuting Attorney, defense counsel and defendant.
Such a request constitutes an assurance that the case is ready for trial on the date set and that all pre-trial matters have been disposed of, and the waiver shall so state. All rulings of the Court at omnibus hearings or otherwise made in the Criminal Motion Department shall be binding on the parties and shall not be re-litigated at trial.
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