NC H697

District courts may accept guilty or no contest pleas to Class H or I felonies when the prosecutor and defendant consent, if the defendant is charged via information and not indicted, or if the case is transferred from superior court to district court.

Judges must consider whether failure to grant a continuance would result in miscarriage of justice, case complexity, and impact on child abuse victims or witnesses under 16 years old.

Continuances must be granted when requested by a defendant, witness, or counsel with state service obligations including General Assembly membership or service on state boards and commissions.

Continuances must be granted when the State asserts that evidence submitted to the State Crime Lab or other testing entity is not yet available or expected by the proposed trial date.

When continuances are granted in cases with misdemeanors or felonies without party consent, judges must announce in open court which party requested it and the grounds for granting it.

Superior courts have exclusive jurisdiction over probation revocation hearings but may allow district courts to hear them with consent of both the State and defendant, with superior courts proceeding without remand unless circumstances require it.

Effective date: October 1, 2023, except for provisions applying to pleas, continuances, and revocation hearings on or after that date.