Judge Elizabeth Davis

When applying for pretrial diversion, defense counsel must state on the record that diversion waives the defendant’s right to a speedy trial or disposition, and the defendant must agree on the record.

Applies to

Commonwealth recommendation

The Commonwealth must make a written recommendation to the Court in response to every pretrial-diversion application.

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence applicable if the agreement is unsuccessful.

An eligible person may apply for a pretrial diversion order after indictment, but no later than 14 days before trial.

After entering a guilty plea, an eligible person may apply for a pretrial diversion order within 14 days of final sentencing.

Motions must be filed by close of business at least one week before the hearing, unless the Court approves later filing; untimely motions are mailed back to the attorney.

Applies to

Motion

A copy of every motion must be served on the appropriate Circuit Judge at the judge’s office, and that service must be shown in the certificate of service.

A Guardian ad Litem must notify the respondent of the appointment and proceeding, and in paternity cases must also inform the respondent of the right to genetic testing.

Applies to

Status quo order motion

The clerk must include a copy of the Status Quo Order motion for service with the Summons and Petition.

Attorney-signed pleadings and papers must state the attorney's typed name and complete contact information on the last page, including email if appropriate.

At arraignment, the defendant may seek a standard discovery order by written or oral motion.

Further discovery may be requested in writing as necessary.