Judge James R. Redd III

Applies to

Commonwealth attorney response

The Commonwealth Attorney must respond to an application for entry into the Pre-Trial Diversion Program in writing and of record.

Applies to

Pre trial diversion application

The application must include counsel’s statement, and the Defendant’s agreement, waiving the right to speedy trial or disposition of the charge.

Applies to

Rescheduling notice

For a stacked case that is not tried, the Plaintiff's or Movant’s attorney must notice it for rescheduling at the next available Motion Day in that county.

Deadline

7 calendar days

Motions must be filed by 4:00 p.m. at least seven calendar days before Rule Day; late motions are ordinarily docketed for the next month unless extraordinary circumstances and prior Court approval apply.

A response to a motion must be filed with the Clerk at least two days before the scheduled hearing.

A CR 78(2) motion may be granted routinely ten days after filing if no objection is received or response filed.

Applies to

Pre trial diversion application

Every pre-trial diversion application must be noticed for hearing and served upon the Commonwealth Attorney.

Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the service methods in CR 5.02, including CR 5.02(2) when e-filing.

A motion response must be properly served on opposing counsel or an unrepresented party entitled to notice.

Petitioners should contact the circuit clerk during its listed weekday hours or law enforcement after office hours to initiate contempt proceedings.

Attorneys should check with the clerk about rescheduling Rule Days.

The moving attorney must ask the Circuit Clerk to forward the file to the Court for review and action.