N.C. R. Prac. Super. & Dist. Ct. 3

As amended through April 29, 2024

Rule 3 - Calendaring Prior to Trial

3.1 At least once each calendar month, the Senior Resident Superior Court Judge, in consultation with the District Attorney shall schedule a non-jury administrative criminal session. This session shall be known as the "Administrative Week". Additional Administrative calendars may be scheduled in the discretion of the District Attorney. The remaining criminal sessions will be reserved, to the extent reasonably possible, for trial cases.

3.2 Whenever practical, "Administrative Week" settings shall be held by a Resident Superior Court Judge but may otherwise be held by any Superior Court Judge.

3.3 An Administrative setting shall be calendared for each felony within 60 days of indictment or service of notice of indictment if required by law, or at the next regularly scheduled session of Superior Court if later than 60 days from indictment or service if required.

3.4 The defendant and defense counsel shall be present at each Administrative setting.

3.5 At an Administrative setting:

a) the Court shall determine the status of the defendant's representation by counsel - whether counsel has been retained, appointed, or expressly waived in writing;

b) the Court shall determine the identification of possible conflicts of interest;

c) after hearing from the parties, the Court shall set deadlines for the delivery of discovery, arraignment if necessary, and filing of motions:

d) if the District Attorney has made a determination regarding a plea arrangement, the District Attorney shall inform the defendant as to whether a plea arrangement will be offered and the terms of any proposed plea arrangement, and the Court may conduct a plea conference if supported by the interest of justice;

e) the Court may hear pending pretrial motions, set such motions for hearing on a date certain, or defer ruling on motions until the trial of the case;

f) the Court shall conduct hearings required under Rule 24 of the Rules of Court for capital cases;

g) the Court may make specialized scheduling orders, for the purpose of facilitating timely disposition, in cases designated as as "exceptional".

h) the defendant may dispose of the charges by guilty plea;

i) the parties shall schedule a trial date pursuant to Rule 5;

j) the Court may schedule more than one Administrative setting if requested by the parties or if it is found to be necessary to promote the fair administration of justice in a timely manner.

3.6 Nothing precludes the disposition of a criminal case by plea, deferred prosecution, or dismissal prior to an Administrative setting.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 3

Amended effective 8/15/2022.