Charles Cnty. Cir. Ct. Criminal DCM Plan 9

The following may be considered good cause to grant a postponement:

1. Sudden medical emergency or death of a party, counsel, or material witness who has

been subpoenaed;

2. A party did not receive notice of the trial date, through no fault of that party or that

party’s counsel;

3. Facts or circumstances arising or becoming apparent too late in the proceedings to

be fully corrected and which, in the view of the court, would likely cause undue

hardship or miscarriage of justice if the trial were required to proceed as scheduled;

4. Unanticipated unavailability of a material witness who has been subpoenaed; or

5. Sudden illness or family emergency of counsel.

Postponement requests will generally be handled on the record, with all parties present.

Any granting of a request for postponement which results in a Hicks waiver or the court’s

having to find good cause, must be done on the record, with all parties present.

Postponement Policy - Track 4- Complex/Major Felony Cases

(Specially Assigned Cases)

Except as stated below, this limitation on postponement authority applies to all cases in the

circuit court, including cases that are specially assigned to a judge. The procedures for

postponing specially assigned cases are set forth below.

If the case is a Track 4 specially assigned case, subsequent case management decisions and

scheduling will be determined by the specially assigned judge consistent with the Case

Time Standards. However, pursuant to Maryland Rule 16-105(d)(2), all postponements or

scheduling that affects the trial date or the 180 day Hicks period, must be made by the

County Administrative Judge or his/her designee. The County Administrative Judge or

his/her designee will confer with the specially assigned judge for a recommendation as to

the postponement and to clear new court dates on the assigned judge’s calendar. The

scheduling or rescheduling of all specially assigned cases must also be cleared through the

Assignment Office.

Same Day Postponement Requests

Counsel requesting postponement of a case on the day it is set for trial or hearing shall

bring it to the court’s attention prior to commencement of the court session. The matter

shall immediately be referred to the County Administrative Judge or his/her designee for

consideration of the postponement request. If the postponement request is denied, the case

shall be referred back to the criminal docket judge for further handling.

Hicks Issues

If the postponement of any event will implicate the Hicks Rule, the defendant must either

waive his right to a speedy trial or a finding of good cause to go beyond the Hicks deadline

must be made in open court before the County Administrative Judge or his/her designee,

with the defendant present. Written waivers will not be accepted. If necessary, counsel may

coordinate the scheduling of a postponement/Hicks waiver hearing with the chambers of

the County Administrative Judge or his/her designee.

Violations of Probation, Sentencing, and Other Post-Judgment Hearings

The limitations contained in this policy do not apply to postponement requests for the

following hearing types: motion for new trial, sentencing, modification or reconsideration

of sentence, violation of probation; post-conviction; coram nobis4, or any other post-judgment hearing. In those matters, the judge to whom the case is assigned shall rule on

any requests for postponement.

Interpreters

If any party becomes aware of the need for an interpreter for any party or witness, the

party shall promptly notify the court by using the Request for Interpreter form (CC-DC-41),

which is available on the Maryland Judiciary web site (www.mdcourts.gov). A delay in

notifying the court of the need for an interpreter may result in the inability to handle a case

on the scheduled date. Requests for interpreters must be specific as to the language and, if

appropriate, the particular dialect that is needed. The request must also specify for whom

the interpreter is needed.

The party requesting an interpreter shall remain responsible for confirming that an

interpreter has been scheduled and shall notify the court immediately if the need for the

interpreter changes. If a request for interpreter is not canceled at least 48 hours in advance

of the trial or hearing, the court will be billed for the interpreter’s services.

4 The designation of a remedy for setting aside an erroneous judgment that resulted from an error of fact in the proceeding.