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Rule 4-4. Criminal Cases

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   A. Criminal Trials. Criminal cases shall, as nearly as possible, be called for trial in the order of appearance on the docket.

   B. Criminal Trial Lists. Once a month the Court Administrator shall prepare a Criminal Trial List for each court. The trial list shall consist of cases assigned for trial, commencing with the lowest docket number.

   C. Jail Census. Once a month the Court Administrator shall submit to the judges a list of persons confined in the Douglas County Correctional Center, who have been bound over for trial in the District Court and against whom informations have been filed.

   D. Arraignment Day. In all felony cases, a defendant bound over to stand trial in the District Court shall appear for arraignment in the District Court on the second Thursday after such bindover date, unless otherwise directed by the court or Court Administrator.

   E. Criminal Jury Trial Priority. For the purpose of jury selection, those courts trying criminal cases shall be given priority.

   F. Failure to Appear. If a defendant fails to appear and a bond forfeiture is ordered, it shall be the duty of the prosecutor to take all necessary further legal action to ensure that judgment is entered upon the bond forfeiture.

   G. Discovery Guidelines in Felony Cases. In the interest of the administration of the court and to ensure compliance with Case Progression Standards, the following guidelines shall apply to all felony cases in which mutual and reciprocal discovery is ordered:

   1. Copies of all police reports in the possession of the prosecutor shall be given to the defendant at the time of arraignment. Copies of any additional or supplemental reports the prosecutor shall receive shall upon receipt be given forthwith to the defendant. The defendant shall promptly provide copies of all relevant and unprivileged reports to the prosecutor;

   2. The prosecutor attending a pretrial conference shall be fully apprised of the case and shall have the authority to make decisions concerning trial dates, discovery, pleas, and similar matters relating to the timely disposition of the case. Any attorney attending such a conference on behalf of a defendant shall likewise be fully apprised of the case and shall have obtained the authority of the defendant to make like decisions.

Adopted effective December 29, 1995; amended effective April 18, 1997. 

This page was last modified on Thursday, November 8, 2012