NOTICE OF ENTRY OF JUDGMENT/ORDER

Transcription

1 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMS/ST. JOHN/ST. CROIX ) IN RE: ADOPTION OF DIFFERENTIATED CASE MANAGEMENT SYSTEM FOR THE SUPERIOR COURT OF THE VIRGIN ISLANDS ) ) ) ) ) ) ) CASE NO. ACTION FOR: ~S~X~-1~3~-M~C~-~47~ NOTICE OF ENTRY OF JUDGMENT/ORDER TO: JUSTICES OF THE SUPREME COURT Esquire JUDGES OF THE SUPERIOR COURT Esquire HINDA CARBON, V.1. BAR ASSOC. FOR DISTRIBUTION VENETIA H. VELAZQUEZ, ESQ. MAGISTRATES OFTHE SllPERIOR COURT Esquire INFORMATION TECHNOLOGY Please take notice that on.:.j..:u..:.n.:.:e=-.:,72..' ::.20"'1:..:3=-- Order was entered by this Court in the above-entitled matter. Dated: June 11,2013 VENETIA H. VELAZQUEZ, ESQ. Clerk of the Superior Court, ~,-... ;,;.~~ cjrt Clerk Supervisor

2 WHEREAS, the Superior Court, in an effort to address the challenge of delay in the administration of j ustice within the trial court, has established the Mission Statement contained in its Order Misc entered April 23, 2012 ; and WHEREAS, the Superior Court of the Virgin Islands desires to reduce the delay in t he processing o f its cases by implementing a Differentiated Case Ma nagement System, which is the process of developing for each category of cases addressed by the Court a schedule o f events that achieves its earliest disposition consistent wi th fairness a nd due process ; and WHEREAS the Superior Court has been awarded grants by the State Justice Institute the fo r the performance of studies and reviews in a i d of its s tated goals and objectives, and WHEREAS, in furtherance of said goals, obj ectives and mission t he Court has e ngaged in an intensive process to create a practica l and comprehe nsive Differentiated Case Management Plan, and WHEREAS, after extensive input, review and comment on vari o us portions of the DCM from a number o f potential user groups including the Judges and Magistrates of the Superior Court, the Court has compiled, consistent with the recently adopted time standards, the attached Differentiated Case Management Plan for adoption and use by the Court; and

3 WHEREAS, the adoption of the DeM as an expressi on of the forma l policy of the Court and the provision of the attac hed matrix wi l l help to provide guidanc e t o those who a re asked to adhe re to the t ime standards, to p rovide obj ective and tangible guidelines to ach i eve those standards. NOW THEREFORE; Pu r s uant t o t he authority vested in the Presidi ng Judge of the Superior Court o f the Virgin Islands at Title 4 Virgin Islands Code, Chapter 5, Section 32 ( f ) (1), 72 b, Section 83, a nd Section 21 (c) o f the Re vised Organi c Act of , as amended (4 8 U.S.C (c)) i t i s hereby ORDERED that the Superior Court adopts t he follow i ng Differentiated Case Management Plan attached hereto as EXHIBIT 1, as a standard to be aspi red to except in such circumstances as the Court may find substantial cause placed on the record to vary f rom i ts requi r ements ; and it is FURTHER: ORDERED t hat the Differenti ated Case Man agement Plan speci fied herein s hall apply t o a l l cases f i led in the Superi o r Court on or after JULy 10, 2013, but may b e applied to all cases pending in the Court for comparison purposes in determining compliance with this plan; and it is FURTHER: ORDERED that all judges and officers of the Court and those practicing before the Court, are encouraged to adapt and conf o rm

4 the ir p r actices in a ma nner cons i s tent with and designed t o ens ure the successful achievement of t he goal s set f orth herein. DONE AND SO ORDERED this,2013. ATTEST: VENETIA VELAZQUEZ, ESQ. Clerk of tbe Court cc: Justices of the Supreme Court of the V I Judges and Magistrates of the Superior Court Venetia Velazquez, Es't, Clerk of the Court Hinda Carbon (for distnbution to the Bar)

5 SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISIONS OF ST. THOMAS AND ST. JOHN AND ST. CROIX INU: ) ) ADOPTION OF A DIFFERENTIATED ) CASE MANAGEMENT PLAN IN THE ) SUPERIOR COURT OF THE VIRGIN ISLANDS ) ) ) -«1 MISe. NO. c2o/q3 DIFFERENTIATED CASE MANAGEMENT PLAN FOR CASES BEFORE THE SUPERIOR COURT OF THE VIRGIN ISLANDS

6 EXHIBIT J. CASE. TYPE. CRIMINAL CASES (CR) DIFFERENTIATED CASE MANAGEMENT PLAN FOR CASES BEFORE THE SUPERIOR COURT OF THE VIRGIN ISLANDS APPLICABLE CASE MAJOR CASE EVENT ASSIGNED TRACK FOR THE TIME LISTED CASE PERIOD TyPE (REFER TO (NOTE: ALL THE TIME DIFFERENTIATED PERIODS CASE NOTED MANAGEMENT HEREIN CASE TRACKS ARE SHEET,AND MEASURED ADOPTED TIME FROM CASE STANDARDS, FOR INITIATION AN EXPLANATION OR FILING OF THE CASES DATE) WITHIN EACH TRACK) NEXT EVENT

7 IN RE ADOPTION OF A oem PLAN PAGE 2 (LOWER CRIMINAL TRACK CASE INITIATION o days ADVICE OF RIGHTS MISDEMEANOR - 1 (CTI-CR) LMS - case types: Cases in wbich tbe potential term of imprisonment is up to 6 months) ADVICE OF RIGHTS 3 DAYS ARRAIGNMENT AIUlAIGNMENT 13 DAYS PRETRIAL AFTER CASE INITIATION (10 DAYS AFTER ADVICE OF RIGHTS)

8 IN RE ADOPTION OF A DCM PLAN PAGE 3 DlSCOVERY MOTIONS HEARING PRETRIAL TRIAL (DONE AT PRETRIAL CONFEREN CE) (DONE AT PRETRIAL CONFEREN CE) 60 DAYS 90 DAYS PRETRIAL OR, ALTERNA TIVEL Y, ORDER OF DlSMISSAL, OR GUILTY PLEA HEARINGI APPLICA TI ON TO ENTER GUILTY PLEA PRETRIAL TRIAL TRIAL CONCLUDED DISPOSITION IENTRY OF JUDGMENT 120 DAYS

9 IN RE ADOPTION OF A DeM PLAN PAGE 4 TOTAL ASSIGNED TIME FROM INITIATION TO 120 DAYS MMSANDLFL (MAJOR MISDEMEANOR - MMS - Cases in which the potential term of imprisonment is MORE THAN 6 months and up to one year, and LESSER FELONIES (LFL) -- Cases in which the potential term ofimprisonment is CRIMINAL TRACK 2 (CT2-CR) ADVICE OF RIGHTS 3 DAYS ARRAIGNMENT

10 IN RE ADOPTION OF A oem PLAN EXHIBIT l. PAGE 5 more than 1 year and up to S years) ARRAIGNMENT DISCOVERY MOTIONS HEARING PRETRIAL 16 DAYS 45 DAYS 90 DAYS 120 DAYS DISCOVERY MOTIONS HEARING PRETRIAL TRIAL

11 IN RE ADOPTION OF A DeM PLAN PAGE 6 TRIAL ISO DAYS ENTRY OF JUDGMENT I DISPOSITION DISPOSITION I ENTRY OF JUDGMENT 180 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 180 DAYS CRIMINAL- CRIMINAL ADVICE OF RIGHTS 3 DAYS ARRAIGNMENT STANDARD TRACK 3 (CT3-CR) FELONES (SFL): Cases in which the potential term of imprisonment is more than S years and up to 20 years.

12 IN RE ADOPTION OF A oem PLAN PAGE 7 ARRAIGNMENT DISCOVERY MOTIONS HEARING PRETRIAL TRIAL DISPOSITION 16 DAYS DISCOVERY 60 DAYS MOTIONS HEARING 120 DAYS PRETRIAL 210 DAYS TRIAL 240 DAYS ENTRY OF JUDGMENT IDISPOSIT ION 270 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 270 DAYS

13 IN RE ADOPTION OF A DeM PLAN EXHIBIT l. PAGE 8 CRIMINAL- COMPLEX FELONES (CFL): Cases in which the potential term of imprisonment is more than 20 years TO LIFE : CRIMINAL TRACK 4 (CT4-CR) ADVICE OF RIGHTS 3 DAYS ARRAIGNMENT ARRAIGNMENT 16 DAYS DISCOVERY DISCOVERY 150 DAYS MOTIONS HEARING MOTIONS HEARING 210 DAYS PRETRIAL PRETRIAL 300 DAYS TRIAL TRIAL 330 DAYS ENTRY OF JUDGMENTfDlSPOSIT

14 IN RE ADOPTION OF A DeM PLAN PAGE 9 ION DISPOSITION 365 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 365 DAYS CIVIL CASES CIVIL TRACK 1 INITIATION o DAYS SCHEDULING (CTl-C)(BASIC CIVIL ACTIONS) SERVICE o DAYS FILING OF ANSWER OR MOTION TO DISMISS

15 IN RE ADOPTION OF A DeM PLAN PAGE 10 SCHEDULING 60 DAYS PRETRlALCONFERE NCE PRETRlAL TRIAL DISPOSITION 120 DAYS TRIAL OR HEARING 180 DAYS DISPOSITION/JUDGM ENT 270 DAYS TOTAL ASSIGNED TIME FROM INITIA TION TO 270 DAYS CIVIL TRACK 2 (CT2-C) 1ST ANDARD CIVIL ACTIONS) INITIA non AND SERVICE o DAYS FILING OF ANSWER OR MOTION TO DISMISS; SCHEDULING

16 IN RE ADOPTION OF A oem PLAN PAGE 11 SCHEDULING STATUS MOTIONS HEARING FINAL PRETRIAL TRIAL JUDGMENT/DISPOSITION 60 DAYS STATUS 210 DAYS MOTIONS HEARING 360 DAYS PRETRIAL 480 DAYS TRIAL 510 DAYS DISPOSITION / ENTRY OF JUDGMENT 540 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 540 DAYS

17 IN RE ADOPTION OF A oem PLAN PAGE 12 CIVIL TRACK 3 (CTJ-C) [COMPLEX CASES) INITIATION AND SERVICE OF PROCESS o DAYS SCHEDULING SCHEDULING 60 DAYS STATUS STATUS 270 DAYS MOTIONS HEARING MOTIONS HEARING 450 DAYS SETTLEMENT SETTLEMENT 600 DAYS SCHEDULE FINAL PRETRJAL

18 IN RE ADOPTION OF A DeM PLAN PAGE 13 FINAL PRETRIAL 670 DAYS TRIAL TRIAL 700 DAYS FINAL DISPOSITION DISPOSITION/ JUDGMENT 730 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 730 DAYS CIVIL TRACK 4(CT4-APP) [REVIEWS/ ADMINISTRATIVE APPEALS) PETITION FOR REVIEW OR WRIT OF REVIEW/ NOTICE OF APPEAL RECORD FILED PETITIONER'S BRIEF o DAYS 100 DAYS 130 DAYS

19 IN RE ADOPTION OF A DeM PLAN PAGE 14 RESPONDENT'S BRIEF REPLY BRIEF HEARING (IF NEEDED) DISPOSITIONI JUDGMENT 160 DAYS 175 DAYS SCHEDULE HEARING OR JUDGES' REVIEW 210 DAYS JUDGMENT I DISPOSITION 270 DAYS TOTAL ASSIGNED TIME FROM INITIA TlON TO 270 DAYS CIVIL TRACK 5 (CT5-C) [SPECIAL ACTIONS! PIT AJ INITIATION MOTIONSIBRIEFSI o DAYS 45 DAYS HEARING

20 IN RE ADOPTION OF A DeM PLAN PAGE 15 HEARING (IF NEEDED) 80 DAYS DISPOSITION/JUDGM ENT FINAL DISPOSITION/JUDGMENT 90 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO, 90 DAYS CIVIL TRACK 6(CT6-C) [EXPEDITED/EME RGENCY ACTIONS] INITIATION / SERVICE OF o DAYS HEARING PROCESS HEARING 14 DAYS DISPOSITION/JUDGM ENT FINAL DISPOSITION/JUDGMENT 30 DAYS

21 IN RE ADOPTION OF A oem PLAN PAGE 16 TOTAL ASSIGNED TIME FROM INITIATION TO I 30 DAYS FAMILY CASES FAMILY TRACK 1 (CTl-FM) (SUMMARY PROCEEDINGS) PETITION AND SERVICE o days HEARING POSTING (AS NEEDED) PROOF OF POSTING 30 DAYS SO DAYS HEARING SO DAYS DISPOSITION/JUDGM ENT FINAL DISPOSITION/JUDGMENT 110 DAYS

22 IN RE ADOPTION OF A oem PLAN PAGE 17 TOTAL ASSIGNED TIME FROM INITIATION TO 110 DAYS FAMILY TRACK 2 (CT2-FM) (STANDARD CASES) PETITION AND SERVICE o DAYS SET SCHEDULING SCHEDULING OR SCHEDULING ORDER DISCOVERY FILING OF REPORTS (HOME STUDY OR OTHER EXTERNAL REPORTS) -- IF APPLICABLE SETTLEMENT 30 DAYS DISCOVERY 90 DAYS REQUIRED REPORTS DUE 120 DAYS SCHEDULE SETTLEMENT 140 DAYS SCHEDULE MOTIONS HEARING

23 IN RE ADOPTION OF A DeM PLAN EXHIBIT l. PAGE 18 MOTIONS HEARING FINAL PRETRIAL TRIAL I HEARING DISPOSITION 200 DAYS SCHEDULE FINAL PRETRIAL 240 DAYS SET TRIAL DATE 270 DAYS DISPOSITION/JUDGM ENT 300 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 300 DAYS FAMILY TRACK 3 (CT3-FM) ICOMPLEX CASES) PETITION AND SERVICE ADVICE OF RIGHTS (JUVENILE DELINQUENCY CASES) o DAYS 2 DAYS SCHEDULE ARRAIGNMENT

24 IN RE ADOPTION OF A DeM PLAN PAGE 19 ARRAIGNMENT (JUVENILE DELINQUENCY CASES) SCHEDULING DISCOVERY REFERRAL TO MEDIATION (IF APPLICABLE) MEDIA non REPORT SETTLEMENT MOTIONS HEARING PRETRIAL 30 DAYS 30 DAYS 90 DAYS 100 DAYS 160 DAYS 160 DAYS 190 DAYS 250 DAYS SET SCHEDULING SET DISCOVERY MEDIATION REFERRAL /ORDERED (IF APPLICABLE) SCHEDULE SETTLEMENT SCHEDULE MOTIONS HEARING SCHEDULE PRETRIAL SET TRIALIHEARING DATE

25 IN RE ADOPTION OF A DeM PLAN PAGE 20 TRIAL I HEARING DISPOSITION 280 DAYS DISPOSITION/JUDGM ENT 365 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 365 DAYS FAMILY TRACK 4 (CT4-FM) [EMERGENCY PETITIONS] PETITION OR COMPLAINT o DAYS ORDER ON PETITION I ISSUANCE OF TEMPORARY RESTRAINING ORDER SERVICE OF TRO OR OTHER ORDER (INIITAL ORDER ON PETITION) 1 DAY SCHEDULE PERMANENT RESTRAINING ORDER HEARING 2 DAYS

26 IN RE ADOPTION OF A oem PLAN EXHIBIT l. PAGE 21 HEARING (PERMANENT 10 DAYS DISPOSITION/JUDGM INJUNCTION) ENT DISPOSITION 14 DAYS TOTAL ASSIGNED TIME FROM INITIA TlON TO (JUDGMENn 14 DAYS PROBATE CASES (PB) PROBATE TRACK 1 (CTl-PB) [EXPEDITED OR SUMMARY PROCEEDINGS) PETITION ICASE INITIATED o DAYS PUBLICATION

27 IN RE ADOPTION OF A DeM PLAN PAGE 22 ORDER FOR POSTING/PUBLICATION (NOTICE OF APPOINTMENT) PROOF OF PUBLICATION / POSTING MOTION FOR FINAL ADJUDICA TION AND PROPOSED ADJUDICATION PAYMENT OF ADJUDICATION FEE DISPOSITION / DISBURSEMENT 12 DAYS 60 DAYS 60 DAYS 60 DAYS 90 DAYS TOTAL ASSIGNED TIME FROM INITIA TION TO 90 DAYS

28 IN RE ADOPTION OF A oem PLAN PAGE 23 PROBATE TRACK 2 (CT2-PB) [STANDARD PROBATE PROCEEDINGS) PETIITION (WITH ALL REQUIRED DOCUMENTATION) APPOINTMENT OF PERSONAL REPRESENT A TIVEI ADMINIEXEC BOND POSTEDI OR BOND WAIVED ORDER TO PROBATE ORDER FOR POSTINGI PUBLICATION INOTICE OF APPOINTMENT ISSUANCE OF LETTERS INVENTORY OF EST ATE PROOF OF PUBLICATION IPOSTING FILED o DAYS 15 DAYS SET BOND 15 DAYS POSTING 15 DAYS 15 DAYS 15 DAYS 45 DAYS 70 DAYS

29 IN RE ADOPTION OF A oem PLAN EXHIBIT l. PAGE 24 FIRST QUARTERLY ACCOUNTING DUE STATUS I HEARING NOTICE TO CREDITORS QUARTERLY ACCOUNTING DUE (SECOND) CREDITOR'S CLAIMS - FILING STATUS QUARTERLY ACCOUNTING DUE (THIRD) HEARING ON QUARTERLY ACCOUNTING (IF NEEDED) FINAL ACCOUNTING PUBLICATION I POSTING OF ORDER SETTING FINAL ACCOUNTING HEARING 90 DAYS SCHEDULE STATUS 120 DAYS 140 DAYS HEARING 180 DAYS SCHEDULE STATUS HEARING 200 DAYS 220 DAYS 270 DAYS SCHEDULE HEARING (AS NEEDED) 300 DAYS 300 DAYS SCHEDULE FINAL ACCOUNTING HEARING 315 DAYS

30 IN RE ADOPTION OF A DeM PLAN PAGE 25 PROOF OF PUBLICATION I POSTING (OF FINAL ACCOUNTING) HEARING ON FINAL ACCOUNTING 360 DAYS 375 DAYS MOTION FOR FINAL ADJUDICATION FILED (AND PROPOSED FINAL ADJUDICA TION) ADJUDICATION FEE PAID FINAL ADJUDICATION PROOF OF DISTRIBUTION DISPOSITION 400 DAYS FINAL ADJUDICATION FEE PAID 400 DAYS 430 DAYS 520 DAYS 540 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 540 DAYS

31 IN RE ADOPTION OF A DeM PLAN PAGE 26 MOTIONS Motions Track 1 (Cn-MOT) -- CRIMINAL PRE- TRIAL DISPOSITIVE MOTIONS MOTION FILED OPPOSITION (IF ANY) o DAYS 14 DAYS MOTIONS HEARING (IF NEEDED) DISPOSITIION/ORDER DECIDING MOTION 30 DAYS 60 DAYS

32 IN RE ADOPTION OF A oem PLAN EXHIBIT l. PAGE 27 TOTAL ASSIGNED TIME FROM INITIATION TO 60 DAYS Motions Track la (CTtA-MOT) -- CIVIL PRE-TRIAL DISPOSITIVE MOTIONS MOTION FILED o DAYS OPPOSITION (IF ANY) 14 DAYS SCHEDULE HEARING ON MOTION HEARING ON MOTION (IF 90 DAYS DISPOSITION/ORDER NEEDED) ON MOTION DISPOSITION/ORDER ON MOTION 120 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 120 DAYS

33 IN RE ADOPTION OF A DeM PLAN PAGE 28 Motions Track IB (CTlB-MOT) -- CIVIL POST- TRIAL MOTIONS MOTION FILED o DAYS SET SCHEDULE FOR BRIEFS/ARGUMENTS EXPEDITED TRANSCRIPT REQUEST FILED (IF APPLICABLE) o DAYS TRANSCRIPT FILED (IF APPLICABLE) 14 DAYS ALL BRIEFS/MEMORANDA/OPPOSI TlONS FILED HEARING ON MOTION DISPOSITION/ORDER ON MOTION 60 DAYS SCHEDULE HEARING ON MOTION 75 DAYS DISPOSITION/ORDER ON MOTION 90 DAYS TOTAL ASSIGNED TIME FROM INITIATION TO 90 DAYS

34 IN RE ADOPTION OF A oem PLAN PAGE 29 Motions Track IC (CTlC -MOT)-- CRIMINAL POST- TRIAL MOTIONS MOTION FILED EXPEDITED TRANSCRIPT REQUEST FILED (IF APPLICABLE) TRANSCRIPT FILED (IF APPLICABLE) ALL BRIEFS/MEMORANDA/OPPOSI TIONS FILED HEARING ON MOTION o DAYS o DAYS 14 DAYS 45 DAYS SCHEDULE HEARING ON MOTION 50 DAYS DISPOSITION/ORDER ON MOTION 60 DAYS

35 IN RE ADOPTION OF A oem PLAN PAGE 30.. TOTAL ASSIGNED TIME FROM INITIATION TO 60 DAYS Motions Track 2 (CT2-MOT)- MOTIONS FOR EMERGENCY RELIEF AND STIPULATED MOTIONS MOTION FILED o DAYS ;.., OPPOSITION (IF ANY) 3 DAYS DISPOSITION/ORDER ON 10 DAYS MOTION,. '. TOTAL ASSIGNED TIME FROM INITIATION TO 10 DAYS '.,.. ' '.

36 IN RE ADOPTION OF A DeM PLAN PAGE 31 TOTAL ASSIGNED TIME FROM INITIA TlON TO MOTIONS TRACK 3 (CT3-MOT) -- ALL OTHER MOTIONS NOT INCLUDED IN A SPECIFIC MOTIONS CATEGORY MOTION FILED OPPOSITION (IF ANY) HEARING ON MOTION DISPOSITION/ORDER ON MOTION o DAYS 14 DAYS 45 DAYS 60 DAYS 60 DAYS ATTEST: VENETIA VELAZQUEZ, ESQ. CLERK OF THE COURT.--/