Rule 8 - Printed Calendars8.1 Not less than ten (10) calendar days prior to each Criminal Docket Management Week, the District Attorney shall prepare and publish a calendar of case settings as described in Rule 4 above. The Criminal Docket Management Week calendar shall designate cases as being docketed for first settings, second settings, final settings, or pre-trial motions (post-second setting motions). The Clerk of Superior Court shall prepare and publish a calendar for probation violations and other probationary matters.8.2 The District Attorney, by and through a CDM coordinator or his or her other designee, shall schedule all pleas and motions. The District Attorney CDM coordinator shall attempt to schedule all cases of a particular defense attorney within each administrative calendar section in consecutive order. Provided, however, that any matter which is anticipated to take thirty (30) or more minutes may be scheduled at the discretion of the District Attorney in non-consecutive order. Further, the District Attorney shall have discretion over scheduling, after consultation with the Defense, with matters that require witnesses and victims of crime under N.C.G.S. 15A-830.5 and Article I Section 37 of the North Carolina State Constitution. (Marsy's Law) Defense counsel shall have ALL plea transcripts and copies prepared prior to their scheduled court time. At least 48 hours prior to publication of the plea and motion calendar, the CDM coordinator will transmit a copy of the proposed schedule of pleas and motions to the Senior Resident Superior Court Judge's trial court coordinator (TCC). The TCC will then advise the CDM coordinator of any scheduling issues that should be amended prior to publication.8.3 Not less than ten (10) working days prior to each jury session of court the District Attorney shall prepare and publish a calendar of cases for trial. The District Attorney may list the order of cases for trial in his or her discretion, giving consideration to those factors set forth in Rules 7.7 and 7.8 above. The trial calendar shall not contain cases that the District Attorney does not reasonably expect to be called for trial.8.4 The District Attorney, after calling the calendar and determining cases for pleas and other disposition, shall announce to the Court the order in which the District Attorney intends to call for trial the cases remaining on the calendar. Deviations from the announced order require approval by the presiding judge if the defendant whose case is called for trial objects. The defendant may not object if all the cases scheduled to be heard before the defendant's case have been disposed of or delayed with the approval of the presiding judge or by consent of the State and the defendant. A case may be continued from the trial calendar only by consent of the State and the defendant or upon order of the presiding judge or Resident Superior Court Judge for good cause shown. See N.C.G.S. § 7A-49.4(f).8.5 A defendant shall be required to appear at the initial calling of the calendar during the jury session of court. After the call of the calendar, the Court, in its discretion and upon motion of defense counsel may place a defendant on standby.8.6 Nothing in these rules shall be construed to affect the authority of the Court in the call of cases calendared for trial.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 8
Adopted April 8, 2022, effective 4/8/2022.