Part 43 · Sentencing, Judgment and Appeal

Rule 43-5. Participation of Defense Counsel in Report Preparation

Amended January 1, 2026 (current)

Defense counsel, on a prompt request, shall be notified of the time when the defendant shall be interviewed by probation officers regarding a presentence or alternate incarceration assessment report or both for the judicial authority and may be present:

(1) To assist in answering inquiries of the probation officer;

(2) To assist in resolving factual issues and questions;

(3) To protect the defendant against incrimination regarding other pending indictments or investigations; and

(4) To protect the defendant's rights with respect to an appeal of conviction.

Committee Notes

(P.B. 1978-1997, Sec. 912.)