§ 7A-49.4. Superior court criminal case docketing. - North Carolina Statutes

§ 7A‑49.4. Superior court criminal case docketing.

(a)        Criminal Docketing. – Criminal cases in superior court shallbe calendared by the district attorney at administrative settings according toa criminal case docketing plan developed by the district attorney for eachsuperior court district in consultation with the superior court judges residingin that district and after opportunity for comment by members of the local bar.Each criminal case docketing plan shall, at a minimum, comply with the provisionsof this section, but may contain additional provisions not inconsistent withthis section.

(b)        Administrative Settings. – An administrative setting shallbe calendared for each felony within 60 days of indictment or service of noticeof indictment if required by law, or at the next regularly scheduled session ofsuperior court if later than 60 days from indictment or service if required. Atan administrative setting:

(1)        The court shall determine the status of the defendant'srepresentation by counsel;

(2)        After hearing from the parties, the court shall setdeadlines for the delivery of discovery, arraignment if necessary, and filingof motions;

(3)        If the district attorney has made a determination regardinga plea arrangement, the district attorney shall inform the defendant as towhether a plea arrangement will be offered and the terms of any proposed pleaarrangement, and the court may conduct a plea conference if supported by theinterest of justice;

(4)        The court may hear pending pretrial motions, set suchmotions for hearing on a date certain, or defer ruling on motions until thetrial of the case; and

(5)        The court may schedule more than one administrative settingif requested by the parties or if it is found to be necessary to promote thefair administration of justice in a timely manner.

Whenever practical, administrative settings shall be held by a superiorcourt judge residing within the district, but may otherwise be held by anysuperior court judge.

If the parties have not otherwise agreed upon a trial date, then uponthe conclusion of the final administrative setting, the district attorney shallannounce a proposed trial date. The court shall set that date as the tentativetrial date unless, after providing the parties an opportunity to be heard, thecourt determines that the interests of justice require the setting of adifferent date. In that event, the district attorney shall set anothertentative trial date during the final administrative setting. The trial shalloccur no sooner than 30 days after the final administrative setting, except byagreement of the State and the defendant.

Nothing in this section precludes the disposition of a criminal case byplea, deferred prosecution, or dismissal prior to an administrative setting.

(c)        Definite Trial Date. – When a case has not otherwise beenscheduled for trial within 120 days of indictment or of service of notice ofindictment if required by law, then upon motion by the defendant at any timethereafter, the senior resident superior court judge, or a superior court judgedesignated by the senior resident superior court judge, may hold a hearing forthe purpose of establishing a trial date for the defendant.

(d)        Venue for Administrative Settings. – Venue foradministrative settings may be in any county within the district when necessaryto comply with the terms of the criminal case docketing plan. The presence ofthe defendant is only required for administrative settings held in the countywhere the case originated.

(e)        Setting and Publishing of Trial Calendar. – No less than 10working days before cases are calendared for trial, the district attorney shallpublish the trial calendar. The trial calendar shall schedule the cases in theorder in which the district attorney anticipates they will be called for trialand should not contain cases that the district attorney does not reasonablyexpect to be called for trial. In counties in which multiple sessions of courtare being held, the district attorney may publish a trial calendar for eachsession of court.

(f)         Order of Trial. – The district attorney, after calling thecalendar and determining cases for pleas and other disposition, shall announceto the court the order in which the district attorney intends to call for trialthe cases remaining on the calendar. Deviations from the announced orderrequire approval by the presiding judge if the defendant whose case is calledfor trial objects; but the defendant may not object if all the cases scheduledto be heard before the defendant's case have been disposed of or delayed withthe approval of the presiding judge or by consent of the State and thedefendant. A case may be continued from the trial calendar only by consent ofthe State and the defendant or upon order of the presiding judge or residentsuperior court judge for good cause shown. The district attorney, afterconsultation with the parties, shall schedule a new trial date for cases notreached during that session of court.

(g)        Nothing in this section shall be construed to deprive anyvictim of the rights granted under Article I, Section 37 of the North CarolinaConstitution and Article 46 of Chapter 15A of the General Statutes.

(h)        Nothing in this section shall be construed to affect theauthority of the court in the call of cases calendared for trial. (1999‑428, s. 1.)