Judge Michael Dean

Applies to

Pre trial diversion application

When applying for pre-trial diversion, counsel must state and the defendant must agree on the record to waive any right to a speedy trial or disposition if diversion is granted.

Applies to

Recommendation

The Commonwealth's Attorney must provide the Court with a written recommendation in response to each petition.

Applies to

Recommendation

The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.

A petition for pre-trial diversion must be made with notice to the Commonwealth's Attorney.

The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if the defendant fails to comply with diversion conditions or make satisfactory progress.

Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods defined in CR 5.02.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

Deadline

3 business days

Cases must be placed on the Motion Docket by close of business on the third business day before the regular Motion Hour/Rule Day; exceptions require leave of Court, and the Clerk closes the docket at that time.

A party properly served with a motion accompanied by a supporting statement or memorandum may file a response with supporting authorities by the time specified in the hearing notice.

If a case is settled in whole or in part before jury trial, attorneys of record must notify the Court by 4:00 P.M. on the Wednesday before trial.

The mediator must promptly notify the Court when a case is not accepted for mediation.

At the conclusion of an accepted mediation, the mediator must report that the process has ended.