7.1 At the final administrative setting, and at the first administrative setting for misdemeanor appeals, the District Attorney shall propose to the Court a trial date in each case reaching the trial phase. This date may be during either a criminal/civil session or a civil/criminal session as all sessions are "mixed" sessions. Criminal cases set during a civil/criminal session do not take precedence over civil cases scheduled for that session. After conferring with counsel for all parties, the Court then shall establish a trial date for each case. Counsel for the State and defendant are responsible for having their personal calendars available at the final setting in order to inform the Court of any personal or professional conflicts. Calendar call for the criminal trial calendar shall occur at 10:00 am on criminal/civil sessions and at 2:00pm on civil/criminal sessions. Every effort shall be made by both the State and defense counsel to avoid scheduling felony victim's rights cases or cases that involve out of state witnesses during civil/criminal session weeks.7.2 The trial of a felony case shall occur no sooner than 30 days after the final administrative setting, except by agreement of the State and the defendant. See N.C.G.S. § 7A-49.4(b).7.3 When a case has not been otherwise scheduled for trial within 120 days of indictment or of service of notice of indictment if required by law, then upon motion of the defendant at any time thereafter, the Senior Resident Superior Court Judge, or a superior court judge designated by the Senior Resident Superior Court Judge, may hold a hearing for the purpose of establishing a trial date for the defendant. See N.C.G.S. § 7A-49.4(c).7.4 The established trial date shall be a firm date. Continuances will not be granted except for just cause or unless the administration of justice compels a continuance.7.5 Any request for a priority or peremptory setting based upon out-of-town witnesses, expert witnesses, or other scheduling concerns should be addressed to the Court at the final administrative setting. 7.6 Any case not reached for trial during a scheduled session of court shall be rescheduled for trial by the presiding judge or by the Senior Resident Superior Court Judge after conferring with counsel. In the event that a case is not rescheduled during the scheduled session of court in which it is not reached, it shall be rescheduled to an alternate criminal trial date by the State, after consultation with defense counsel. The State shall immediately provide notice to defense counsel upon scheduling a new trial date. The State shall consider the following facts when rescheduling the trial date: (a) whether the District Attorney is aware of the unavailability of a necessary witness; (b) the District Attorney or Defense Counsel's previously designated period of secured leave; or (c) whether the case has been declared ''Exceptional." If the case is not automatically rescheduled for an alternate criminal trial term due to the existence of (a), (b) or (c), above, then the case shall be docketed during the next Criminal Docket Management Week for the purpose of resetting the trial date.7.7 When scheduling for trial, priority should be given to cases according to the offense charged as follows: b) Non-capital homicides;c) Sexual offenses committed against minors;d) Rape and other sexual offenses, felony child abuse;e) First degree burglary, robbery and kidnapping;f) Drug trafficking and multiple drug sales;h) Second degree burglary; felony breaking and entering;i) Felony DWI and other felony offenses;j) DWI and Class Al appeals; andk) Other misdemeanor appeals.7.8 When scheduling for trial, case priority should be determined by consideration of the following eight (8) factors, in conjunction with Rule 7.7 above: a) Whether the defendant is in pre-trial custody;b) Whether the defendant constitutes a significant threat of injury to the alleged victim, witnesses or others in the community;c) Whether the victim is a child or related to the defendant;d) Whether the defendant is a recidivist;e) Whether the defendant is a public official;g) Whether the defendant has filed a written request for a speedy trial;h) Any significant problems or interests associated with the case of particular concern to the community.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 7
Adopted April 8, 2022, effective 4/8/2022.