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Procedures/Preferences

 

STANDING PRETRIAL ORDER FOR CASES IN COUNTY CRIMINAL DIVISION C


The Court enters this Pretrial Order, which, consistent with all relevant rules of procedure and administrative orders, governs practice in this Division.

 

MOTIONS

No motion, other than a legitimate emergency motion, will be set for a hearing unless the motion is electronically filed with the clerk prior to contacting the Judicial Assistant for a hearing date and time. The Judicial Assistant will check the court file when a request is made to set a hearing to determine whether the motion is in the file. If the motion is not in the court file, the motion will not be calendared absent a representation by counsel that the motion has in fact been filed, but has not yet appeared for viewing.


All cases, statutes, rules or other citations of authority a party wishes the Court to consider should be provided to the Court in compliance with Section 7 of Administrative Order S-2013-044.  Cases and other citations will be cited in the motion. The Court will not consider cases provided for the first time at the hearing.


All motions shall contain the facts and law which form the basis for the relief sought.


Courtesy copies of motions are neither required nor desired. The Court will consider only the electronic file.


As a courtesy to the Court and your colleagues, a party should notify the Judicial Assistant as soon as possible, by fax or e mail that a hearing is to be cancelled.


An emergency motion shall be filed as soon as possible and a copy provided to the Court sufficiently in advance of the hearing to afford the Court adequate time to review the motion and any cases or statutes in support of the motion, prior to the hearing.


Consistent with Section 9 C of Administrative Orders S-2015-043 and S-2015-071, MOTIONS MUST BE HEARD PRIOR TO THE PRE TRIAL CONFERENCE.  Any motion not timely filed and set for hearing is waived.


The motion hearing docket the Monday before pre trial conference is limited to cases set for trial that trial period. The motion docket the Thursday morning before last call is for emergency matters or matters which could not reasonably have been anticipated earlier. Lack of diligence does not constitute an emergency.


Any motion for continuance shall state whether any prior motion for continuance has been filed and shall, as with any other motion, be in writing and be set and heard prior to the trial date.


Proposed orders in cases in which all parties are represented by counsel shall be submitted through JAWS as a pdf.

 

DISCOVERY MOTIONS AND MOTIONS IN LIMINE:  All motions in limine and all motions pertaining to discovery disputes shall contain a statement by the moving party that a good faith attempt to resolve the matter without Court involvement  has been made and shall describe the manner in which the attempt was made.

Motions to compel discovery should be filed within 10 days after the date the discovery is due. Motions to compel more adequate responses to discovery should be filed within 10 days of receipt of the alleged incomplete discovery. Lack of diligence in pursuing remedies for discovery violations will be considered in determining whether to impose sanctions or what sanction is appropriate, including whether to grant a continuance or to which party a continuance should be charged.


PLEAS: Negotiated pleas are not accepted on the day of trial. Negotiated pleas must be accepted and entered at arraignment, the disposition hearing, the pretrial conference or at the last call docket. If an emergency prevents compliance with the above requirements, the plea offer may be accepted in writing via e mail to the Court, with copies to all parties, by 5 p.m. the Friday before the trial. This notice may be provided by either the State or the Defense as agreed by the parties. Pleas entered on the day of trial will be open.


DISPOSITION HEARINGS:  The parties are expected to attend disposition hearings. If an attorney has a conflict, the attorney should arrange coverage by another attorney or submit a Request For New Trial Date. The request forms are available outside Courtroom 24 or by e mail from the Judicial Assistant. Attorneys wishing to be placed on the e mail list should contact the Judicial Assistant. A failure to appear or to request a new court date will result in the case being set for trial and may result in a warrant being issued for the arrest of the defendant.


Absent extraordinary circumstances, no more than 3 disposition hearings are allowed. One disposition hearing may be set 60 days out provided counsel appears in court and requests a 60 day disposition date.This number includes any hearings missed due to a conflict and to any dispositions which took place prior to counsel’s Notice of Appearance.