Rule 5-901 Time sequence for typical felony case.

[Published by the Court as a flowchart, "Time Sequence for Typical Felony Case." Its steps follow in order; a step indented under another branches from it.]

Probable Cause Determination for Warrantless Arrests: within a day or two, at most

Initial Appearance Before Magistrate* After Arrest: without unnecessary delay

Bail Appeal - Dist. Ct.: no time limit

Bail Appeal - App. Ct.: within 10 days

Indictment: no time limit [then Arraignment]

Filing Complaint or Information

Preliminary Hearing: not later than 10 days if in custody, and not later than 60 days if not in custody

Arraignment: within 15 days after indictment or information filed or arrest, whichever is later

Discovery: disclosure by state within 10 days after arraignment; disclosure by defendant within 30 days after arraignment; depositions at any time after filing of indictment or information

Motions: Notice of Defense of Insanity or Notice of Intent to Call an Expert on Issue of Specific Intent: at arraignment or within 20 days thereafter

Hearings on Motions

Interlocutory Appeal: after the judge rules on the motions

Notice of Alibi: (if demanded) not less than 10 days before trial; D.A. responses due not less than 5 days after receipt of notice

Trial: within six (6) months of whichever of the following is later: (1) arraignment or waiver of arraignment in district court; (2) date order filed finding defendant competent to stand trial; (3) date or order declaring mistrial or new trial; (4) date of mandate or order disposing of appeal; (5) date of defendant’s arrest for failure to appear; (6) date of notice of termination for failure to comply with pre-prosecution diversion program; or (7) date court allows withdrawal of plea or rejection of plea

Acquittal

Conviction

Pre-Sentencing Report

Sentencing

Motion For New Trial: newly discovered evidence — before judgment or within 2 years; any other grounds — within 10 days of verdict

* or metropolitan court judge