Mary P. Hatcher

The information in this section, and the following sections, is for the Felony Docket only.

Our office DOES NOT accept documents by e-service; therefore, any filing requiring the Court’s attention (i.e., motions, emergency motions, etc.) must be brought to the Court’s attention by email to wgist@circuit5.org after they have been e-filed, processed and docketed to the court file.  Please DO NOT add the Court/Judicial Assistant to e-service lists in the E-Portal.

PLEASE NOTE:  The Clerk’s Office has 3 business days to process E-filings from the Portal (either to accept and docket to the court file or reject for correction).

If COURT INTERPRETING SERVICES will be needed for any hearing, a request must be submitted by defense counsel, at least 4 business days prior to a court date, using the form provided at Fifth Circuit website.

If an Order to Transport has been entered for a Defendant, that must be addressed in any continuance being requested.

Please DO NOT submit proposed Orders through the E-Portal.  The Court prepares Orders of Continuances and various other routine Orders.  Proposed Orders after hearings should be emailed to wgist@circuit5.org in Word format, as directed by the Court at the conclusion of the hearing.

Hearings of one (1) hour or less must be scheduled through the OnceHub Portal or by selecting the “Schedule a Hearing” button located at the top of this page. Please select the preferred date and time for the hearing when submitting your request.

If opposing counsel is involved in the matter, you must coordinate the proposed hearing date and time with opposing counsel prior to submitting your request. By submitting a request for hearing time, you represent that the date and time have been coordinated with all opposing counsel.

All motions must be filed with the Clerk prior to requesting hearing time.

After submitting your request, it will be reviewed by the Court, and you will receive an email regarding the status of the request. Please note that hearing times cannot be held or reserved while you are coordinating with other parties. All hearing times are scheduled on a first-come, first-served basis.

If more than one (1) hour is required for a hearing, please email Whitley Gist at Wgist@circuit5.org with the case number, a copy of the motion to be heard, and the estimated amount of time requested for the hearing.

Please do not cross-notice a hearing without prior express authorization from Judge Hatcher’s office.

Continuances are granted at the discretion of the Court. Either party may file a Motion to continue a hearing set by the Court for good cause.  All Motions to Continue must be e-filed at least 5 business days prior to a hearing.  The Motion must contain the specific reason for the continuance and must state whether the opposing party agrees or objects to the continuance.  (Continuances for Pre-Trial Conference and Trial Priority/Jury Trial are addressed further under “Court Procedures”.)

ARRAIGNMENT:  Upon the filing of a notice of appearance, plea of not guilty, waiver of arraignment, an Order setting the next court date will be entered. Counsel is responsible for informing the Defendant of all future court dates.

PRE-TRIAL CONFERENCE:  All new cases will go from Arraignment to a Pre-Trial Conference (“PTC”), set out approximately 60 days from Arraignment, depending on when Speedy Trial runs or if it has been waived. An Order Setting Pre-Trial Conference will be entered.

The purpose of the Pre-Trial Conference is to either resolve the case or set the case for trial.  If a case is not resolved by a Change of Plea prior to or at the PTC, then attorneys must be prepared to set a realistic trial date.  An Order Setting Mandatory Trial Priority and Order Setting Jury Trial (Trial Order) will then be entered.

TRIAL PRIORITY:  The purpose of Trial Priority is to determine the order in which cases will be set on the upcoming trial calendar.  Trial priority starts at 9:00 a.m. on the designated day.  The Court will hear change of pleas at Trial Priority.

The Defendant must be personally present for the Pre-Trial Conference and Trial Priority.  An attorney seeking to waive the appearance of a Defendant for extreme good cause must seek permission of the Court by proper Motion at least 5 business days prior to the hearing date.

CONTINUANCES OF PRE-TRIAL CONFERENCE and TRIAL PRIORITY AND TRIAL:

See ORDER SETTING PRE-TRIAL CONFERENCE or ORDER SETTING MANDATORY TRIAL PRIORITY AND ORDER SETTING JURY TRIAL previously entered in the case for deadlines and requirements of a Motion to Continue.

All cases not continued prior to TRIAL PRIORITY shall remain on the trial docket and will not be continued from the trial docket without a showing of exceptional good cause. No negotiated plea agreements will be taken after the conclusion of Trial Priority.

TIME BETWEEN TRIAL PRIORITY AND TRIAL TERM:  One week will be left between Trial Priority and Trial for trial preparation and specific matters; however, that week will NOT be used to address those cases that have completed Trial Priority the week before and are scheduled for Trial the following week.  All Change of Pleas and Motions to Continue a Trial Term must be addressed according to the Trial Order and will not be addressed during this time.

VOP CASES:  All VOP cases will be given a hearing date at Arraignment, if the case is not resolved at Arraignment.  If a Change of Plea is negotiated after the Arraignment, but prior to the hearing date, then it can be set on a Change of Plea Docket. VOP Arraignment cannot be waived and can only be continued by a Motion to Continue for good cause filed at least 5 business days prior to the Arraignment.

Pro se motions (when not represented by an attorney) must be filed with the Clerk of Circuit Court, Criminal Division, with copies provided to the State Attorney and to Judge Hatcher’s office.  Pro se motions will not be accepted via e-mail.  This includes motions to modify or early terminate probation, a copy of which must also be provided to the probation officer.