IN THE UNITED STATES DISTRICT COURT
FILED
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FEB 2 D2020
20 S0 ,2__
l'ETER A. ,, ~ _ .:.:, jR., CLEl'tK
US 0 1 S ~OURT, EtDNC
av_~_____.__ DEP CLK
IN RE:
STANDING ORDER
PROCEDURES FOR PRELIMINARY
PROCEEDINGS IN CRIMINAL CASES
After careful consideration, the court finds that the procedures set forth in this Standing
Order will promote efficiency and judicial economy in preliminary proceedings in criminal cases
in this district. The court accordingly adopts the following procedures for these proceedings:
1. Rescission of Prior Standing Order. This Standing Order supersedes Standing
Order 19-S0-4, which is rescinded in its entirety.
2. Scope. The scheduling and waiver procedures provided for in this Standing Order:
a. shall be followed in all cases before the court in Raleigh, New Bern, Elizabeth City,
and Wilmington, subject to variation in individual cases pursuant to paragraph 6 below; and
b. may be followed in individual cases pursuant to paragraph 6 below before the court
m Greenville, where circumstances do not presently warrant across-the-board application as
elsewhere in the district.
3. Scheduling of Identity, Preliminary, and Detention Hearings. Absent contrary
order, identity, preliminary, and detention hearings in Raleigh will be scheduled three business days
after the defendant's initial appearance to help ensure that the defendant has sufficient time to
prepare for the hearing. If a party wishes to have a hearing scheduled for a different date, the
party shall move the court orally or in writing for such relief at the initial appearance.
4. Preparation of Pretrial Services Reports. The United States Probation Office
shall prepare a Pretrial Services Report ("PTSR") for each defendant charged with a felony offense
who is the subject of a motion for detention. The PTSR shall be filed no later than one hour before
the scheduled start of the session at which the detention hearing will be held.
5. Out-of-Court Waiver ofldentity, Preliminary, and Detention Hearings.
a. A defendant may waive his or her right to an identity, preliminary, or detention
hearing without appearing in court by filing the appropriate, duly executed court-approved waiver
form by 1:00 p.m. on the last business day before the date set for the hearing.
b. If the appropriate, duly executed waiver fonn for a hearing is filed by the deadline
in subsection (a), the hearing will be cancelled, and the waiver shall be effective without any in-
court proceeding on it.
c. If counsel for a defendant wishing to make an out-of-court waiver of a hearing is
unable to meet with the defendant and obtain the appropriate, duly executed waiver form in time to
comply with the filing deadline in subsection (a) above, the defendant's counsel may move for a
one-week continuance of the hearing using the court-approved continuance motion form. The duly
executed continuance motion form shall be filed by 1:00 p.m. on the last business day before
the date set for the hearing. The court will rule promptly on the continuance motion.
d. If a defendant is subject to an identity, preliminary, or detention hearing, the court
will advise the defendant at his or her initial appearance that he has the right to waive such hearing(s)
in court, but that he or she may instead waive the hearing(s) out of court by completing and filing
the appropriate court-approved waiver form(s) by the applicable deadline prior to the date set for
the hearing(s).
6. Variation in Individual Cases. The court retains the discretion in individual cases
to vary from the procedures set forth in this Standing Order for good cause.
7. Court-approved Forms. The Clerk shall make available on the court's external
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website the court-approved forms referenced in this Standing Order.
8. Effective Date. This Standing Order shall apply to defendants whose initial
appearances are held after the date of its entry.
SO ORDERED. This !Ji<( day of fe-6-/ 2020.
, ~ w O~
TERRENCE W. BOYLE
Chief United States District Judge
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