Trial Calendars

Once a case has been through arraignment and motions it is placed on a trial calendar.  Strozier v. State, 546 S.E.2d 290 (2001); Cuzzart v. State, 271 Ga. 464 (1999). Although the case is placed on a trial calendar it may not be scheduled for trial right away. Also, plea negotiations can continue between the prosecution and defense in an attempt to resolve the case without a trial.

Cases on the trial calendar are brought in for a calendar call.  A defendant is generally entitled to seven days notice before trial. Uniform Superior Court Rule 32.1.  However, the failure to comply with the notice requirement is assessed on a case by case basis. Fields v. State, 310 Ga. App. 455 (2011); Currington v. State, 270 Ga. App. 381 (2004).  

At calendar call, the attorneys announce whether the case is ready for trial.  Sometimes new discovery has become available which requires a continuance of the case to the next calendar call. 

The cases which have announced ready at the calendar call are then scheduled for trial during the week or weeks of the trial calendar.  The judge arranges the order of cases based on many factors including: how old the case is; whether the defendant is in jail or on bond; and whether there are scheduling issues with witnesses that require a special setting of the case on a particular date.

Cases that are on the trial calendar but are not brought to trial during that trial term are normally placed back on the trial calendar and brought up at the next calendar call.  A case can remain on the trial calendar for months before it is reached for trial. Sometimes older cases are put on status calendars or inquiry calendars to determine if they are still going to need a trial or can be resolved by plea agreement.

Sometimes defendants are required to appear over and over again for trial calendars.  For defendants who are out on bond this can mean the continual missing of work.  There is really no remedy for this other than asking for a speedy trial early in the case.  If the defendant failed to file a timely speedy trial demand he can ask the judge for permission to file a speedy trial demand.  The defendant can also file a speedy trial demand under the constitution.

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