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 llawson@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 llawson@circuit5.org in Word format, as directed by the Court at the conclusion of the hearing.

To schedule a hearing, please email Lisa Lawson at llawson@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.

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.

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.

Procedures

(See Sumter County Clerk’s website for applicable filing fees.)

Procedures for submitting proposed probate orders directly to Judge Hatcher’s office:

• Cover letters must be mailed directlyto the appropriate Judge’s office along with the following:
  • A Portal Stamped SubmissionCopy of the completed corresponding Checklist
  • A Portal Stamped Submission Copyof the Motion or Petition
  • Proposed Order with a Certificate of Service
• Proposed orders received will be held for ten (10) days pending receipt of all applicable documentation, after that time, the documents submitted with the cover letter, will be destroyed.

DO’S, DO NOT’S:

• Please DO send your proposed orders to the Judicial Assistant via US Mail ONLY (orders via email will not be accepted).
• Please DO NOT send proposed ordersto the Clerk.
• Please DO NOT attempt to e-file proposed ordersthrough the e-portal.
• Please DO send Original Wills and/or Death Certificates directly to the Clerk of Court.
• Please DO NOT send copies to conform or stamped, self-addressed envelopes. All orders will be e-filed and e-served upon everyone in the e-Portal.
• Please DO NOT send ANY form of payment to the Judges office – ALL payments should be submitted to the Clerk of Court directly.
• Please DO contact the Clerk of Court, Probate Division, for Certified Copies of your order AFTER you have received service of same.

While we understand certain emergencies, frequent inquiries for status updates on proposed orders or to see if the USPS has delivered your mail are not necessary and can cause additional time burdens.  IF you have followed all of the instructions above, we should be able to process your order in a timely fashion. Should we need any additional information, we will reach out to your office.

SCHEDULING A HEARING

Hearing availability may be obtained by calling or emailing Judge Hatcher’s office.  Dates are provided on a first come, first serve basis. Your hearing time will be secured once a phone call or email is received to confirm a specific date and time.

When inquiring as to available hearing time, please have the case number, case style, type of motion to be scheduled, the date the motion was filed, the amount of hearing time requested, and names of all counsel of record. The Motion must be filed prior to obtaining hearing time.

Once hearing time is coordinated with all counsel, CALL or EMAIL the Judge’s office to confirm the date prior to preparing your Notice of Hearing, to assure that time is still available, as hearing dates are first come first serve. We do not hold a hearing date/time.

The Court requires that all hearings be coordinated. If you are unable to coordinate a hearing, please call our office; do not “piggy-back” or “cross notice” a hearing without coordinating with the judge’s office. Cross-notice of a hearing without the Court’s approval is not permitted.

PROCEDURES FOR CANCELLING HEARINGS

In addition to filing your notice of cancellation, immediately notify the judge’s office by telephone and/or email when a hearing is to be cancelled.  Only the party that scheduled the hearing, or the Court, has the authority to cancel the hearing.

PROCEDURES FOR EVIDENCE

Judge Hatcher does not accept remote evidence. All evidentiary hearings require an in-person court appearance.  Attorneys and parties should exchange exhibits at least five (5) business days in advance of the scheduled hearing.

Hearing notebooks that do not contain evidence (ie. case law) should be submitted in hard copy at least five (5) business days prior to the hearing.

***Probate procedures can be found on the circuit website in the Sumter County- Probate Division. By scrolling to the bottom of the page, you will find the required checklists, and some helpful forms.***