N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4
Table 3-District Criminal Court Case Events
Track | Event | Expectations |
Track 1 | First Appearance (FA) | 72 hours after arrest or within 30 days of service of summons or citation |
Case Management Conference (CMCR) | 30 days from FA | |
Trial | 60 days from FA | |
Track 2 | First Appearance (FA) | 72 hours after arrest or within 30 days of service of summons or citation |
Case Management Conference (CMCR) | 30 days from FA | |
Pretrial Readiness Conference (PTRC) | 60 days from FA | |
Trial | 60 days from PTRC |
Expected case events for Track 1, original cases and the initiating steps for Track 4 cases that may be transferred from an original case, are illustrated in Figure 1 below. Expected case events for Track 2 are illustrated in Figure 1 below. Each judge, along with the assigned Assistant District Attorney, the CSC-Criminal Division, and court coordinators will make every effort to ensure compliance with the expectations and timing for the scheduling of each court event. Good cause continuances, unavailability of docket space, case investigation issues, and other factors may impact case processing for each case. The trials and all procedures for cases in the 26th Judicial District are governed by the North Carolina General Statutes concerning Criminal Law and Procedure and Local Rules or District Criminal Court.
Figure 1
District Court Criminal Case Management(DCCM) Plan
Filing and Assignment
Cases are initiated in the District Court by the filing of a citation by law enforcement or by the issuance of criminal process by a magistrate upon the complaint of law enforcement or civilian. A first appearance is scheduled for defendants who are still in custody pursuant to NCGS ISA-601 or within 72 in the next scheduled session of district court hours whichever is sooner. First appearances for defendants who are not in custody should be scheduled within 30 days of service of the criminal process.
Probation Violation Filings. Probation Violation hearings for defendants who are in custody shall be scheduled before the first appearance judge for advisement on right to counsel and calendaring. These cases shall be treated as re-opened and calendared for hearing before the previously assigned judge.
First Appearance (FA)
In-Custody First Appearance. The first appearance for in-custody defendants charged with misdemeanor offenses shall be scheduled in accordance with Subchapter VI of Chapter 15A of the North Carolina General Statutes.
The presiding judge shall:
Advise the defendant of the nature of the charges against them; Determine the defendant's eligibility for court appointed counsel; Determine that the defendant or counsel has been furnished a copy of the process or order; Determine or review the defendant's eligibility for release under state law and the local bail policy.Cases will be assigned to one of the district court trial courtrooms in accordance with the officer court date scheduling plan prepared by the District Attorney.
Track 1 cases shall be scheduled for trial before the assigned judge within 60 days unless a Case Management Conference (CMCR) is warranted. Track 2 cases shall be scheduled for a Pretrial Readiness Conference before the assigned judge within 60 days unless a CMCR is warranted. Track 1 and Track 2 cases for which a CMCR is warranted shall be scheduled for a CMCR before the judge assigned the earlier filed case(s). The CMCR shall be scheduled within 30 days or on the next scheduled date for the earlier filed cases, whichever is first.
Out-of-Custody First Appearance. The first appearance for out-of-custody defendants charged with a misdemeanor offense shall be scheduled within 30 days of the issuance of the criminal process.
The judicial official shall:
Advise the defendant of the nature of the charges against them; Determine the defendant's eligibility for court appointed counsel; Determine that the defendant or counsel has been furnished a copy of the process or order;Represented defendants, by counsel, and unrepresented defendants who have executed a knowing and voluntary waiver of the assistance of counsel may accept an offer of diversion or plea agreement to be entered before the available district judge.
Cases that are not disposed at FA will be assigned to one of the three district criminal judges in accordance with the officer court date scheduling plan prepared by the District Attorney.
Track 1 cases shall be scheduled for trial before the assigned judge within 60 days unless a Case Management Conference (CMCR) is warranted. Track 2 cases shall be scheduled for a Pretrial Readiness Conference (PTRC) before the assigned judge within 60 days unless a CMCR is warranted. Track 1 and Track 2 cases for which a CMCR is warranted shall be scheduled for a CMCR before the judge assigned the earlier filed case(s). The CMCR shall be scheduled within 30 days or on the next scheduled date for the earlier filed cases, whichever is first.
Forensic Evaluations. Upon the filing of an order for Forensic Evaluation, the matter shall be scheduled for a Case Management Conference (CMCR) in a PTRC Session on the calendar for the courtroom in which the matter is scheduled. The status of the Forensic Evaluation shall be reviewed and any orders necessary to effectuate the resolution of the case shall be entered at 26th Judicial District Case Management Plan for District Criminal Court the PTRC. Upon the submission of the Forensic Evaluator's Report, the case shall be scheduled for the next PTRC session on the courtroom calendar at which the court shall enter appropriate orders and schedule future proceedings as necessary.
Case Management Conference (CMCR)
The CMCR is a case management strategy to manage cases involving forensic evaluations or multiple pending cases filed against a defendant in the District Court for cases in Tracks 1 and 2 and Track 3 Probation Violation cases. The CMCR will be conducted in the assigned district court according to the track schedule above (see Table 2) and will include all of the defendant's then pending cases. Later cases filed against a defendant will be scheduled with the earlier filed cases. Multiple cases with the same defendant will be managed by the highest track. The objectives of the CMCR are the following in sequential, prioritized order:
Extension of a global plea offer if deemed appropriate by the District Attorney Modify the case management order Address and review pretrial issues Finalize deadlines for obtaining case investigation information Issue final case management orderDefense attorneys shall make reasonable efforts to communicate with the client about the status of pending cases, legal and factual defenses, pretrial issues and any plea offers extended by the state. If plea agreement is reached, the matter should be scheduled for a plea slot.
If no plea agreement is reached, then a CMCR shall be conducted. For Track 2 cases, the court shall determine, based upon individual case factors, whether the schedule for a case needs to be extended after consultation with the parties. The schedule may be modified by adopting a more complex case track or by custom setting subsequent events. The court shall determine whether any previously entered order requires amendment based upon individual case factors. Counsel shall be prepared to discuss all aspects of case management and scheduling, to include, without limitation, the following:
An Order shall be issued, which shall set forth expectations for the next scheduled event, including, but not limited to, evidence exchange, final plea negotiation and appearances of trial counsel and the defendant.
Pretrial Readiness Conference (PTRC)
The PTRC shall be scheduled for Track 2 cases within 60 days of the FA or CMCR. The purpose of this setting is to ensure that the case is trial ready and to dispose of any pretrial issues. Certain pretrial motions should be filed prior to the PTRC and shall be ruled on at this setting. These include motions for forensic evaluation or motions to compel or produce reports or media.
Meaningful plea negotiations are encouraged prior to the PTRC.
Defense attorneys and unrepresented defendants are to appear in person in the designated courtroom at 1:30PM.
Both the state and the defense shall either certify that the case is ready for trial or state with particularity the circumstances which prevent the case from moving to a trial setting.
Defense attorneys may complete local form CRF-11 Pretrial Readiness Conference Certification of Defense Counsel certifying that they are ready for trial and verify the availability of defense counsel, defendant and defense witnesses for one of the published available trial dates. The form must bes ubmitted by 12PM on the Wednesday preceding the PTRC in lieu of appearing at the scheduled PTRC. The PTRC Certification of Defense Counsel shall be electronically filed via eCourts File & Serve or Attorney Manager and the Clerk shall add the document to the case and attach the document to the PTRC Hearing..
All local forms are available on Mecklenburg County's Local Forms and Rules page on NCcourts.gov:
https://www.nccourts.gov/locations/mecklenburg-county/mecklenburg-county-local-rules-and-forms.
After completion of the PTRC, a final trial date shall be set. No continuances after the PTRC shall be granted without exceptional cause. Notices of trial conflict shall be communicated to opposing counsel and the assigned judge as soon as they are known and no later than the date of the PTRC. The court will address any conflicts at the PTRC.
Trial (TRL)
Track 1 Trials. Track 1 cases will be scheduled before the assigned judge during weeks designated for the judge to hear Track 1 trials. The District Attorney sets matters on the trial docket. Limits on the number of cases that may be scheduled for trial in each session of district criminal court will be set by the Chief District Judge in consultation with the District Attorney, defense bar and the TCA. Limits on the number of Track 1 cases that may be scheduled will be set to ensure efficient use of court resource to reach timely disposition of calendared matters without unnecessary continuance or delay.
In advance of Track 1 trial settings, attorneys are expected to review all documents in the court file, including probable cause worksheets, witness affidavits completed by law enforcement officers or civilian witnesses and presented to the magistrate. Attorneys are expected to engage in reasonable and timely efforts to obtain information necessary to the preparation of a defense in advance of the scheduled trial date. Continuances will be rare and granted for good cause.
Track 2 Trials. Track 2 cases will be scheduled for trial within 60 days by the assigned judge at the PTRC. Track 2 cases will be scheduled for trials on specific dates during the weeks designated for the assigned judge to hear Track 2 Trials. The District Attorney sets matters on the trial docket and the date will be finalized by the assigned judge at the conclusion of the PTRC in consultation with all parties. Trial dates will only be set on cases deemed by the assigned judge as ready for trial.
No continuance of the trial will be granted except upon a demonstration of extraordinary cause. Requests for continuances to another trial week will be considered if received within 30 days of the trial week. Requests for continuances made less than 30 days prior to the scheduled trial week will be granted for emergencies or extraordinary circumstances.
Probation Hearing (PROB)
Track 3 Probation Violation cases shall be scheduled before the previously assigned judge within 14 days during the sessions of court designated for probation violation hearings. Probation violation hearings will be held during the morning session of each court on Fridays. Defendants who remain in custody on a probation violation after the FA, shall be scheduled for a probable cause hearing before the assigned judge within 7 days.
New cases that are filed against a defendant against whom a probation violation is filed shall be assigned to the previously assigned (sentencing) judge for a CMCR prior to the scheduling of any other case event required by this plan.
Misdemeanor Bond Hearings
Motions to modify conditions of release in misdemeanor cases pending in district court will be heard in the morning session of each court on Mondays and Thursdays.
Reviews (REV)
Certain judgments are required to be reviewed by the judge who entered the order, including, 15A Conditional Discharge Judgments. These matters should be scheduled for review during sessions of court designated for probation violation and review hearings. These may be scheduled at intervals in the discretion of the assigned judge.
N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 4