N.C. R. Prac. Super. & Dist. Ct. 12

As amended through June 18, 2024

Rule 12 - Criminal District Court Continuances Policies

All district court criminal/infraction cases should be disposed of at the earliest opportunity, including the first trial setting. However, when compelling reasons for continuance are presented which would affect the fundamental fairness of the trial process, a continuance may be granted for good cause. Requests for continuances that will delay the resolution of the case beyond the established time standards shall only be granted for extraordinary cause. Whenever possible continuance motions/request shall be made in writing using the appropriate forms.

12.1 Court Conflicts

The various district criminal/infraction courtroom sessions should work together to try to move cases as expeditiously as possible. Age of case, subject matter, and priority of setting set forth in 12.12.9 of these rules, should be given precedence when resolving conflicts. Attorneys shall notify the court and opposing counsel of any other court conflict(s) as they become known and shall keep the court advised of the resolution of that conflict. All judges shall communicate with other judges to resolve such conflicts. In resolving court conflicts, juvenile court cases shall take precedence over all other matters. (s) as they become known and shall keep the court advised of the resolution of that conflict. All judges shall communicate with other judges to resolve such conflicts. In resolving court conflicts, juvenile court cases shall take precedence over all other matters.

[Commentary: All attorneys are reminded of the provisions of Rule 2(e) of the General Rules of Practice requiring their appearance, or the appearance of a partner, associate, or another attorney familiar with the case.]

12.2 Evaluation of Motions for Continuance

Some of the factors to be considered by the appropriate court official when deciding whether to grant or deny a motion for continuance should include:

the opportunity to exercise the right to effective assistance of counsel; the age of the case and seriousness of the charge; the incarceration status of the defendant; the effect on children and spouses if the issue is continued and not resolved; the impact of a continuance on the safety of the parties or any other persons; the status of the trial calendar for the session; the number, moving party, and grounds for previous continuances; the due diligence of counsel, including the District Attorney, in promptly making a motion for continuance as soon as practicable and notifying opposing counsel and witnesses; the period of delay caused by the continuance requested; the presence of and inconvenience to witnesses; the availability of witnesses for the present session or for a future session; whether the basis of the motion is the existence of a legitimate conflict with another court setting; the availability of counsel; consideration of the financial consequences to the public, the parties, the attorneys, or witnesses if the case is continued; and any other factor that promotes the fair administration of justice.

12.3 Criminal cases should be disposed of at the earliest opportunity, including the first trial setting. However, when compelling reasons for a continuance are presented which would affect the fundamental fairness of the trial process, a continuance may be granted for good cause. Whenever possible, continuance motions or request shall be made using appropriate forms.

12.4 Continuances on agreement between parties shall not be granted automatically. Compliance with the rules in this section is still required.

12.5 Continuances of cases outside the parameters and directives of this order are specifically disfavored and shall be granted only in extraordinary circumstances.

12.6 Request for continuances may be granted for good cause shown unless otherwise provided by law.

12.7Once a criminal docket/calendar has been generated and published by the clerk's office, the authority to continue a criminal matter rest solely with the presiding district court judge or the chief district court judge or her/his designee.

12.8ALL continuances will be granted freely when an attorney has properly requested secured leave pursuant to Rule 26 of the General Rules of Practice for the Superior and District Courts.

12.9 Attorneys aware of a conflict or their unavailability on a scheduled court date are to notify the District Attorney, the courtroom clerk, and the appropriate judge pursuant to Rule 3.1(b) of the General Rules of Practice for the Superior and District Courts to give the opposing counsel an opportunity to properly prepare and/or to notify their witnesses. This notice is to be timely. Continuances are to be granted if an attorney is involved in another matter simultaneously in a court session, that has priority over district criminal court. Prior to a regularly scheduled court date, if an attorney becomes aware of a conflict, the attorney may file a written motion to continue a criminal matter, and upon the consent of the state, present an order to the chief district court judge granting the motion and continuing the matter.

12.10 A request by the State or defendant to continue a first setting Probable Cause Hearing, MUST comply with N.C.G.S. 15A-606, if the non-moving party opposes the continuance. A request to continue a second or subsequent probable cause hearing which is opposed, will be granted only in extreme situations and only after the Court has considered the following:

12.10.1 The nature of the offense;

12.10.2 The age of the case;

12.10.3 Any new criminal offenses for which the defendant has either been charged or convicted;

12.10.4 The current pre-trial release conditions;

12.10.5 The length of time the defendant has been incarcerated awaiting a probable cause hearing;

12.10.6 Availability of counsel for the defendant;

12.10. 7 The due diligence of counsel, to include the district attorney, in promptly making a motion for continuance as soon as possible and notifying the defendant and/or his attorney and any necessary witnesses, to prevent any undue hardship or delay;

12.10.8 Any other relevant information that the Court needs to determine whether a continuance would be in the interest of justice.

12.11TIME ST AND ARDS

12.11.1Infractions

All infractions should be disposed of within 90 days of the first court date.

12.11.2Misdemeanors Criminal and Motor Vehicle (Non-Civilian Witnesses) All misdemeanors should be disposed of within 120 days of the first court date.

12.11.3Infractions/Misdemeanors Civilian Witnesses

Any cases wherein civilian witnesses are involved shall be expediently resolved so as to limit inconvenience to said civilian witnesses. Therefore, any and all continuances in such cases, are in the presiding Judge's complete discretion, and Motions to Continue is such cases shall be strictly scrutinized.

12.11.4DWl's - Non-Blood Draw Cases

DWI's wherein no blood draws have been performed and submitted to a lab should be disposed of within 150 days of the first court date.

12.11.5DWI's - Blood Draw for Alcohol Cases

DWI's wherein blood draws for the detection of alcohol have been submitted to a lab should be disposed of within 240 days of the first court date, or shall be disposed of within 60 days after the lab results are submitted to the Defendant/ Attorney, whichever is sooner.

12.11.6DWl's - Blood Draw for Drugs Cases

DWI's wherein blood draws for the detection of drugs have been submitted to a lab should be disposed of within 335 days of the first court date, or shall be disposed of within 60 days after the lab results are submitted to the Defendant/ Attorney, whichever is sooner.

12.11.7Motions to Suppress

In all DWI cases, the charging officer shall provide the district attorney's office with all discovery documents, notes, videos, or other recordings pertaining to the defendant's arrest and charges within (20) days of the issuance of process against the defendant.

In all DWI cases, all attorneys shall serve on the District Attorney's Office, a Notice of Representation within (14) days of making a limited or general appearance on behalf of a client.

The District Attorney's office shall provide the defendant's attorney with access to required discovery documents, notes, videos, of other recordings within (15) days of receipt from an attorney of a written limited or general appearance.

The District Attorney's Office shall provide the attorney of record access to all Lab results within (10) days of the District Attorneys Office's receipt of said results.

The District Attorney shall provide access to or copies of all Lab results to a pro se defendant on the very next scheduled court date after the District Attorney's Office receives said results.

Motions to suppress evidence in DWI cases pursuant to N.C.G.S . 20-38.6 and pursuant to State v. Knoll and State v. Ferguson shall be made in writing within a reasonable time prior to hearing/trial. A reasonable time shall be defined in these local rules as not later than ninety (90) days after the first regular setting in District Court or (45) days after discovery is released to the Defendant or Attorney. This rule shall apply unless there is an exception under N.C.G.S. 20-38.6 or unless a judge determines that extraordinary circumstances exist to permit the defendant additional time to file said motions.

12.11.8Felonies

All felonies should be disposed of in District Court within 180 days of the First Appearance Hearing.

12.11.9Court Appearance Priorities

In the event an attorney or defendant has a conflict with any other scheduled Criminal District Court Sessions in the First District or any other District, the attorney or defendant shall adhere to the following priority schedule.

FIRST PRIORITY:

If a case has been preemptively set by a presiding Judge in a written, filed order.

SECOND PRIORITY:

If an expert witness has been subpoenaed and i s present in Court.

THIRD PRIORITY:

If a case has civilian witnesses and has been continued previously, the attorney and/or defendant shall attend this session first, with the exception of the first and second priorities. -

FOURTH PRIORITY:

If a case has been marked LAST CONTINUANCE.

12.12 This priority scale takes precedence over any other cases that are not covered under one or more of these (4) priorities.

12.13 Any criminal case that is not addressed by these rules SHALL be resolved within 150 days from the first court date.

12.14 No case that has been marked "FINAL" or "LAST" should be continued except under extraordinary circumstances as set forth in these rules. This provision does not divest the presiding district court judge of discretion to continue a case marked "FINAL" if the presiding district court judge determines that the case should be continued in the interest of justice.

12.14.1 The clerk is to mark the shuck to reflect who the matter was continued for, such as"

"D" for defendant;

"S" for state;

"C" for court;

"DF" for defendant final;

"SF" for state final;

"AF" for final for all parties.

"J" for joint motion to continue.

12.15 TIME STANDARDS IN NO WAY IMPLY ANY "RIGHT" BY THE STATE OR THE DEFENDANT TO A CONTINUANCE OR SERIES OF CONTINUANCES UP TO THE MAXIMUM TIME FOR DISPOSITION. ON THE CONTRARY, THE POLICY, AS SET OUT IN RULE 1.1, IS THAT ALL DISTRICT COURT CASES SHOULD BE DISPOSED OF AT THE EARLIEST OPPORTUNITY, INCLUDING THE FIRST TRIAL SETTING.]

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 12

Amended effective 1/5/2023.