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Criminal  -  Filing of the Case


  • All criminal cases will be given an arraignment date at which time the attorney may waive arraignment and make official appearance in the case in writing prior to the arraignment date and need not be present.  If arraignment is not waived and no attorney is officially of record in the case, the Defendant needs to be present with his attorney if he has one. 

  • At the same time the notices are sent on the arraignment date, there will also be notice as to a pre-trial date and a trial week.  The cases will be distinguished by jail cases and non-jail cases as of the time of the indictment.  The pre-trial also serves as a docket call.  All pre-trial motions should be filed within ten (10) days of pre-trial, unless good cause is shown.  Anyone who files motion must give a copy to opposing counsel. 

  • The State and Defense Counsel must be present at the pre-trial/docket call along with the Defendant. 

  • All attorneys are required to make announcement at the pre-trial/docket call on the cases where they have made appearance. 

  • No attorney will be allowed to withdraw from a case without there first being at the hearing to determine the reason and if the motion is granted so the Defendant can fully be advised of his rights. 

  • Anyone who wishes the Court to consider probation, if the Court is to assess punishment, is encouraged to have his client report to the Probation Department at least two weeks prior to the hearing date and then to return for a follow-up interview on the date of the hearing, however, should your client desire not to answer any of the questions until after the plea of guilty has been entered you may then make application with the Probation Department on the date that the plea has been entered and after he has been found guilty and punishment will be reset approximately two weeks from that date. 

  • No plea negotiations will be recognized by any of the Courts - you are encouraged to read and familiarize yourself with the procedure adopted by the Courts in a written Order dated September 28, 1976, on file with the District Clerk's Office.

  • No cases will be continued without a written motion for continuance, unless the attorneys for both sides agree to a continuance and then only upon receiving a resetting date from the Court Coordinator or the Court. 

  • Examination of the witnesses should normally be made from counsel table.  If the witness is to be examined about certain physical evidence, the counsel may approach the witness upon asking and receiving permission from the Court - alternatively, the witness may be examined from the lectern if counsel so desires.

  • No physical evidence is to be handed to the Jury or picked up from the Jury except by the Bailiff.  No attorney is to hand anything to the Jury - he may ask permission of the Court to allow the Jury to see the evidence and then hand it to the Bailiff for presentment to the Jury - if evidence tables are provided in the court room then all exhibits admitted into evidence should be deposited on the table and remain there except when needed for purposes of examination of a witness. 

  • Jury arguments are to be conducted from the lectern and the attorney should refrain from walking about in front of the Jury and sitting on tables, etc.
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