Requirements & Information

Requirements and Information

March 13, 2023

Dana Moss, Circuit Judge

It is the parties’s responsibility to notify the Court when a language interpreter is needed.

All motions must be filed prior to reserving hearing time.
All hearings must be scheduled through the Judicial Assistant except bond hearings that last less than 15 minutes.
All hearings must be scheduled on a day assigned to the case’s Assistant State Attorney unless an alternate date is either agreed to by the Assistant State Attorney or set by the court.
Attorneys must submit courtesy copies of the motion(s), notices of hearing, and case law to the court at least one week before the scheduled hearing.
The party scheduling the hearing shall file the notice of hearing indicating the date, time, duration, matter to be heard (please include DIN #), and whether the hearing will be conducted via Zoom or in person. Hearings via Zoom must include the Zoom credentials in the notice.

Case Management hearings are held every Thursday at 8:30 a.m., per the posted Division calendars. Attorneys and defendants must appear, unless excused by the Court.
The State and Defense shall comply with Circuit Criminal Administrative Order 2009-1 which outlines the procedures for Case Management hearings, including the timely conveyance by the State of a sentence recommendation to the defense.
Stipulations to a trial date must be on the approved Stipulation for Trial Date form found in the courtroom and on the website. The form must be filled out completely and contain the defendant’s signature. If parties cannot agree on a trial date, the Court will select one.
Stipulations should be submitted to the Court no later than the close of business on the Tuesday before the scheduled Case Management Conference. It is the obligation of the attorneys to confirm approval by checking Benchmark or with the Judicial Assistant prior to Case Management. If the stipulation has been approved prior to Case Management, neither the attorneys nor the defendant need to appear.
At Case Management, defendants may enter a plea. Because the clerk must prepare certain documents for pleas, defense counsel should place the case name on the “plea list” to assist in expediting the process.

Docket Sounding is held two weeks before the trial period. Defendants’ presence at Docket Sounding is mandatory unless excused by the court. Docket Sounding for defendants in jail and represented by the Public Defender's Office or Office of Regional Counsel will take place at 9 a.m. in the jail on the Thursday following regular Docket Sounding.
Defendants may enter pleas at the conclusion of Docket Sounding.
Oral motions to continue are not permitted, including at Docket Sounding.
At the conclusion of Docket Sounding and all pleas, the court may address (time permitting) motions to continue that have been filed in the court file at least three days prior to Docket Sounding.

Attorneys are encouraged to present negotiated plea agreements to the Court with the understanding that ultimate approval rests with the trial judges.
Negotiated pleas, subject to the Court’s approval, in cases on the next trial docket, will be scheduled at 1 p.m. on the Friday following Docket Sounding. After that day and time, all pleas in cases on the next trial docket must be open pleas, unless the charge(s) are amended in some manner.

Trial scheduling for all cases remaining on the trial docket will take place at 10 a.m. on the Wednesday immediately preceding the first Monday of the trial period.
Defendants are not required to attend trial scheduling.
The purpose of trial scheduling is to set the trial order. Attorneys are encouraged (but not required) to attend. The court will consider special scheduling requests. If attorneys do not appear, the court will assume that the trial can be set at any time during the two-week trial period.
Pleas will not be taken at trial scheduling. All pleas after Docket Sounding must be scheduled or entered when the case is called for trial.
All cases not given a date and time certain at trial scheduling will appear on the final trial docket that will be distributed by email.

The jury trial period is a two-week period. Three judges are generally available for trial during this period.
Parties shall appear no later than 9:00 a.m. on the first Monday of the trial period before the assigned judge listed in the final trial schedule, unless ordered otherwise.
So as not to keep jurors waiting, pleas will not be taken Monday morning unless the case is called for trial. Exceptions may be made under certain circumstances, such as the jury panel not being ready. If proceedings are complete for the day in the trial case before 4 p.m. on Monday, requests may be made to enter pleas after 4 p.m.
Unless a trial is given a specific date and time for commencement, all cases must be ready for trial on the first Monday of the trial period.
Proposed jury instructions should be presented to the Court on the first day of trial.