N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1

As amended through June 18, 2024

Rule 1 - Statement of Purpose

The purpose of the DCCM Plan is to provide a structured system for the timely and efficient management of criminal cases in the district court of the 26^th Judicial District. The DCCM does not apply to district criminal cases that have been classified by the District Attorney as intimate partner violence matters. Intimate partner violence cases are scheduled and managed according to a separate plan and state and local rules.

The 26^th Judicial District recognizes responsibility for managing case progress, the defendant's right to a speedy trial, and the public's, including victims and witnesses, interest in a timely, fair and just resolution of criminal cases by application of uniform and consistent time standards for the conduct of criminal cases in the district court.

The objectives of the DCCM Plan include:

1.Early Court Intervention: The start of each case triggers the effort to resolve the case as early in the process as reasonable and to reduce the time and costs for the parties and the court without sacrificing rights or interests.

2.Continuous Court Control: For each case, realistic pretrial schedules are established so that progress to each scheduled event is appropriate and can be monitored to minimize unnecessary delay.

3.Controlling Continuances: While courts must allow adequate time to accomplish necessary tasks, events should also be scheduled sufficiently soon to maintain awareness that the court wants reasonable case progress and will not allow continuances simply because participants are not prepared.

4.Meaningful Pretrial Court Events: The court communicates to all participants in the legal process the purpose, deadlines and possible outcomes of all proceedings to ensure all events occur as scheduled and contribute substantially to the reasonable resolution of the case.

5.Firm and Credible Trial Dates: Trials regularly commence on the first date scheduled after the court determines no other case resolution options are possible.

A strong judicial commitment is essential to improving predictability, efficiency and timely disposition in criminal cases. Collaboration between the Court, the District Attorney, the Public Defender and the private defense bar is necessary to achieve just and efficient disposition of criminal cases. The Court is ultimately responsible for ensuring compliance with the North Carolina Criminal Procedure Act, through early and continuous judicial management to promote procedural justice.

Further, the DCCM Plan implements modified time standards modeled from the recommendations set out in the National Center for State Court's Effective Criminal Case Management Study. This is a departure from published North Carolina and Judicial Council time standards and reflects achievable standards for time to case disposition as outlined below:

Model Time Standards for State Trial Courts. Available at: https://www.ncsc.org/__data/assets/pdf_file/0032/18977/model-time-standards-for-state-trial-courts.pdf

75% of district court misdemeanor and infraction matters disposed within 120 days; and 98% of district court misdemeanor and infraction matters disposed within 180 days.

In order to achieve these goals, the DCCM Plan provides for the resolution of different categories of cases within a regular and predictable time frame warranted by the needs of the case.

Table 1-Misdemeanor Cases Time Standard

98% Within 180 Days

Case Time Start	Case Time Suspension Begins	Case Time Suspension Ends	Case Time Stop
Filing of Citation with the Clerk of Superior Court; Service of Summons or Warrant on Defendant.	Referral to Specialty Court	Denial of acceptance into a Specialty Court	Final Disposition: Acquittal Verdict Sentence or Judgement Order PJC Dismissal
	Referral for Deferred Prosecution	Date of entry of contract, conditional discharge judgment
	Bench warrant issue date	Appearance of defendant in court after a bench warrant
	Court order for Forensic Evaluation	Date of court determination of ability to stand trial or declaration of incapacity

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 1

Amended April 29, 2024, effective 4/29/2024.