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Welcome to the national crime victim law Institute's online toolkit video on a crime victims attorneys notice of appearance in this short video we're going to talk about an important document that should be filed upon entering a criminal case on behalf of your client will cover the purposes for this notice, and we'll walk through the contents of a sample notice of appearance now why file this document it serves three main purposes first it puts the court and the parties on notice that this crime victim is represented by counsel among other things this should trigger the ethical obligation for defense attorneys and prosecutors as well as their agents to not communicate with a crime victim outside your presence or without your permission second it puts the court and the parties on notice that this crime victim intends to assert his or her rights as we will discuss shortly a notice of appearance should also include an assertion of the victims rights and filing the notice to formally assert the rights is important because many victims rights are not automatically afforded and may require no further action by others until the victim requests those rights often include the right to receive notice of certain events or proceedings, and they often have the clause upon request or something similar included in the wording of the relevant rights provisions and lastly the filing of a notice of appearance should alert the courts and the parties to add you to the service list for all the filings in court notices in the case while filing a notice of appearance can help to ensure that you will be included on the service list it can't guarantee that the parties or the core will always include you on the service list so be sure to double-check the docket regularly for updates a jurisdiction may have laws that explicitly mention this procedure for example Arizona has a statute that provides on the filing of a notice of appearance and if present counsel for the victim shall be included in all bench conferences and in chambers meetings and sessions with a trial court that directly involve a victims rights if you happen to practice in a jurisdiction that does not have such an explicit provision, and you encounter resistance to the filing of a notice of appearance take a look at the case United States versus may Han it's a district court case from the district of Arizona, and it contains some useful language there the court found that the method chosen by the victims counsel the filing of a notice of appearance was a reasonable procedure for ensuring the protection of the victims rights under the crime victims rights act and please contact and see CLI for technical assistance on the next few pages our next few screens we're going to walk through a sample notice of appearance for a federal court now state notices should be similar with regard to content, although the format may vary depending on the local rules, and before we begin if you wish to follow along with a...
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