Judge Teresa Whitaker

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

Applies to

Motion response

The Commonwealth must make a recommendation to the Court in response to each motion.

Applies to

Diversion recommendation

A diversion recommendation must address the diversion conditions and the sentence if the agreement is unsuccessful; both may be included in one recommendation.

The court may void participation in pretrial diversion after a hearing with notice to the Commonwealth and defendant, upon the specified showing.

A motion must be delivered to opposing counsel or an unrepresented party entitled to notice by 4:00 p.m. on the preceding Friday, with service as described in CR 5.02.

If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.

Motions must be filed and noticed at least five days, excluding weekends, before the hearing.

Motions for a Motion Day must be filed with the Clerk by 3:00 p.m. on the preceding Friday, though the judge may docket a later filing.

A post-judgment motion for a Rule concerning violation of an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.

If the parties cannot agree on a mediator or mediation service, they must notify the court, which will make the selection.

Staff mediators must not communicate settlement efforts to the Court, except as reflected in the non-staff mediation techniques described in the document.

Contact

Phone

Attorneys should call the Judge's secretary to schedule a final trial or file motions for a final hearing date.