Rule 4 - Calendaring Prior to Trial4.1 At least once each month, in intervals of no greater than six weeks, the Senior Resident Superior Court Judge shall schedule a non-jury criminal session devoted to administration of the criminal calendar. This session shall be known as the "Criminal Docket Management Week. "(CDM) The remaining criminal sessions will be reserved, to the extent reasonably possible, for the trial of criminal cases. On even months, the State and defense counsel will meet with the judge, and other staff, in a "conference setting" at a location within the Bladen and Columbus County Courthouses selected by the Senior Resident Superior Court Judge or Presiding Superior Court Judge. Locations may include, but are not limited to, the conference room of the Senior Resident Superior Court Judge's Office, the conference room of the District Attorney s Office, any jury assembly or deliberation room, any courtroom, or any other place within the Bladen or Columbus County Courthouses that the Senior Resident Superior Court Judge or Presiding Superior Court Judge may deem appropriate. Conferences will be mandatory for all cases with a scheduled trial date within the next two months of the case management session, for any cases set final, and, in the discretion of the presiding superior court judge, for any other case for which either party wishes to conference. The District Attorney's Office will schedule the conference times for defense counsel and will publish the conference schedule with the CDM calendar. The conference sessions shall begin at 9:30 am on Monday of CDM week in Bladen, and at 9:30 am on Thursday of CDM week in Columbus. Unrepresented calendar call will occur at 9:30 am on Monday of CDM week in Bladen and 9:30 am on Thursday of CDM week in Columbus. Conferences will begin immediately following calendar call. Should additional conferences be needed outside of this schedule, the Senior Resident Superior Court Judge, in his or her discretion, may conference cases with the State and defense counsel on a date determined by the Senior Resident Superior Court Judge. Pleas and motions, scheduled by the District Attorney s Office, will be held during all other available court time during CDM week. On odd months, the CDM week will consist of pleas and motions scheduled by the District Attorney's Office and unrepresented calendar call. No conferences will occur on odd months.4.2 Unless disposed of earlier, each felony case shall be calendared for a minimum of two specific case management week settings following the initiation date. The Defendant shall be present at every setting if he/she is unrepresented and at the final setting if he/she is represented by defense counsel. However, if the State and the defense counsel mutually agree that the Defendant should not be required to be present at the final setting, the Defendant will not be required to be present, unless otherwise ordered by the presiding superior court judge or Senior Resident Superior Court Judge. Additionally, Defendants with a trial date prior to the next scheduled conference session of CDM are required to be present. Defense counsel shall be present at every setting.4.3 The first administrative calendar setting "First Setting" shall occur during the first Criminal Docket Management Week scheduled within thirty (30) days after initiation. If no Criminal Docket Management Week is scheduled within thirty (30) days after initiation, then the "First Setting" shall occur at the first Criminal Docket Management Week following such thirty (30) day period. The following matters shall be accomplished at the "First Setting":a) A determination that counsel has been retained, appointed, or expressly waived in writing;b) The identification of possible conflicts of interest;c) An inquiry by the Court as to whether a case will be declared ''Exceptional" under these rules, if not previously declared ''Exceptional" pursuant to Rule 1.9 above; andd) An inquiry by the Court as to the status of plea negotiations between the parties. A case may be disposed of by negotiated plea at the first setting, provided, however, that no guilty plea shall be adjudicated at this setting if the case involves a victim under N.C.G.S. 15A-830.5 and Article I Section 37 of the North Carolina State Constitution, the victim of the crime is not present, the victim of the crime has not received notice of the guilty plea from the State, the State has not made all reasonable efforts to notify the victim of the crime of the guilty plea, and the victim has communicated to the State his or her desire to be present or heard at the time of disposition of the case.4.4 The second administrative calendar setting "Second Setting" shall occur during the next Docket Management Weeks following the first setting. This setting may be scheduled as the "Final Setting" during the first setting case management. The following matters shall be accomplished at the "Second and/or Final Setting": a) A confirmation by the Court that the State has filed its discovery disclosure certificate, and if applicable, that the defendant has provided reciprocal discovery;b) The hearing of pre-arraignment motions,see N.C.G.S. § 15A-952(b) and (c);c) Arraignment, if defendant has filed a written request for arraignment pursuant to N.C.G.S § 15 A-941 (d). If the defendant has not filed a written request for arraignment in accordance with N.CG.S. § 15A-941(d), arraignment shall be deemed waived. Arraignments should be conducted for all misdemeanor appeals;d) An inquiry by the Court as to the status of plea negotiations between the parties. A case may be disposed of by negotiated plea at the second setting, provided, however, that no guilty plea shall be adjudicated at this setting if the case involves a victim under the Crime Victims Rights Act, the victim of the crime in not present, and the victim has communicated to the State his or her desire to be present or heard at the time of disposition of the case.e) The setting by the court of deadlines for the filing of all remaining pre-trial motions, with the exception of motions in limine;f) The scheduling of a hearing date for the pre-trial motions;g) The scheduling of a trial date pursuant to Rule 7 below.4.5 Whenever practical, administrative settings shall be conducted by a Resident Superior Court Judge but may otherwise be held by any duly commissioned superior court judge.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4
Adopted April 8, 2022, effective 4/8/2022.