IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

DIVISION OF _---.:;S:...:T:..:. . ..;:C::.:R:.:.O=IX"'-_____ _

INRE: Vs.

ADOPTION OF TIME STANDARDS FOR TilE IllSPOSITJON OF CASES IN THE SIJPERIOR COURT OF THE VIRGIN ISLANDS

Plaintiff) ) ) ) ) )

Defendant)

CASE NO. SX-13-MC-39

ACTION FOR:

NOTICE OF

ENTRY OF JUDGMENT/ORDER

TO: SUPREME COURT JUSTICES VI BAR ASSOCIATION, j<'OR DISTRIBUTION

SUPERIOR COURT .JUDGES VENETIA Vl:LAZQUEZ, ESQ., CLERK OF TilE COURT

Plcase take nolice that on AJ'RIL 23, 2013 A(N) Order was

entered by this Court in the abovc~cntitled matter.

Dated: April 23, 2013

VENETIA VELAZQUEZ, ESQ.

~-elerk of the Super' Court

~--.fCPirOT'

NOT FOR PUBLICATION

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

IN RE:

ADOPTION OF TIME STANDARDS FOR THE DISPOSITION OF CASES IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

) ) ) ) ) ) ) )

ORDER

CIV. MISC. '~,/3gpDt3

Pursuant to the authority provided in Title 4, Sections 72b (a) and 83 of the Virgin

Islands Code, and Section 21(c) of the Revised Organic Act of 1954, (as amended) (48 U.S.c. §

1611 (c», regarding the Rules governing the operations and conduct of the Superior Court and

the responsibility of the Presiding Judge to administer the court in such manner to ensure the

prompt dispatch of the court's business, the Superior Court of the Virgin Islands hereby states:

WHEREAS, the Superior Court of the Virgin Islands recognizes that a major challenge

facing our nation's justice system is the delay in the administration of justice; and

WHEREAS, the Superior Court of the Virgin Islands recognizes that the challenge of

delay in the administration of justice is similarly reflected in our trial court; and

WHEREAS, the Superior Court, in an effort to address the challenges of delay in the

administration of justice within the trial court, has embraced as its mission a commitment to

improve the quality of justice and increase public confidence in the courts, through the

In Re Adoption ofTime Standards For Case Disposition in the Superior Court Page 2

implementation of an efficient, unifonn system of case management which will reduce backlog,

promptly resolve disputes, and improve service to the people of the Virgin Islands; and

WHEREAS, the Superior Court of the Virgin Islands desires to reduce the delay in the

processing of its cases by implementing a Differentiated Case Management System, which is the

process of developing for each case a schedule of events that achieves its earliest disposition

consistent with fairness and due process; and

WHEREAS, the American Bar Association and the National Center for State Courts

have adopted reference time standards models for the timely disposition of cases and core court

perfonnance measures to assist trial courts in establishing efficient, productive case flow

management that produces quality results; and

WHEREAS, the Superior Court of the Virgin Islands has detennined that it would be in

its interest, the interest of the public, and further improve the administration of justice, to utilize

the nationally adopted standards ofperfonnance measures as adopted by the American Bar

Association and the National Center for State Courts as guides in developing its own modified

standards for the disposition of cases, motions and other filings; NOW, THEREFORE, [T [S

ORDERED that, effective JUDe 1,2013, the Superior Court of the Virgin will implement

the Superior Court of the Virgin Islands Differentiated Case Management System and establish

time standards as set forth in the schedule attached hereto as EXHIBIT I, aDd it is further

ORDERED that the time standards specified herein shall apply to all cases filed in the

Superior Court on or after JUNE 1,2013, but may be applied to all cases pending in the Court

for comparison purposes in detennining compliance with these time standards; and it is further

In Re Adoption ofTime Standards For Case Disposition in the Superior Court

Page 3

ORDERED that all judges and officers of the Court, and those practicing before the

Court, are encouraged to adapt their practices in a manner consistent with successful

achievement of the goals set forth herein. .,..(

DONE AND SO ORDERED this 2 ') day of April,2013.

ATTEST:

VENETIA VELAZQUEZ, ESQ. Clerk of the Court

DARRY PRESIDING JUD

In Re Adoption ofTime Standards For Case Disposition in the Superior Court

Page 4

NOT FOR PUBLICATION

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

INRE: ADOPTION OF TIME STANDARDS FOR THE DISPOSITION OF CASES IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

) ) ) ) ) ) )

EXHIBIT I

CASES; TIME TO DISPOSITION

CIVIL CASES:

l. BASIC (TRACK I): Civil Cases which are deemed to be basic or non-complicated are to be disposed within 270 days from the date of filing. These cases include: DebtfMortgage Foreclosure; Debt Collection actions; Eminent Domain! Condemnation; Enforcement ofSettlementfArbitration Award; Other Enforcement and Execution actions.

II. STANDARD (TRACK 2): Civil cases on the standard track (track 2), are to be disposed within 540 days from the date of initial filing. These cases include: Disputes surrounding Contracts (Goods, Employment Contracts, Buyer Plaintiff disputes over goods; Other); Intentional Torts (i.e. assault, battery, vandalism, intentional infliction of emotional distress, etc.) ; Automobile negligence (to include personal injury, property loss and wrongful death resulting therefrom); Malpractice (medical, legal, other professional); Premises Liability; Slander/Libel/Defamation; Negligence; Negligent infliction of emotional distress; Fraud! Bad Faith; Real Property disputes (Partition; /Quiet Title/ Ownership-Use disputes/Boundary; Property Value Disputes); Tax matters; Non-Domestic Relations Restraining Orders (Permanent and Preliminary Injunctive relief actions); and Civil-Other (civil actions not specifically listed in a separate case

type, for example: Civil Contempt actions; Action for Declaratory Judgment, Actions For Accounting; Appointment Of Receiver; Enforcement Of Equitable Liens;

In Re Adoption of Time Standards For Case Disposition in the Superior Court Page 5

Equitable Relief; Interpleader; Wrongful Attachment And Stay Of Execution, Conciliation; Dissolution Of Instrument; Dissolution Of Corporation; Dissolution Of Partnership; Forfeiture)

III, COMPLEX (TRACK 3): Civil Cases that are deemed more complex are to be disposed of within 730 days of initial filing. The Court has determined the following case types or causes of action qualify as complex civil matters: class actions; Product Liability, Toxic Torts; Tobacco; Wrongful Discharge.

IV. REVIEWS/ADMINISTRATIVE APPEALS (Track 4): Cases involving reviews or appeals before trial judges, are to be resolved within 270 days of initial filing. These cases include: Writs of Review; Administrative Appeals; Petitions for Review of magistrate decisions

V. SPECIALIZED ACTIONS (TRACK 5): Civil cases that are deemed specialized actions or single-party actions, are to be disposed of within 90 days of initial filing. These include: Habeas Corpus petitions, Prisoner petitions; Expungement; Extradition; Judicial Review /Writs of Mandamus; Foreign Judgment; Civil Miscellaneous-Other (civil miscellaneous actions not specifically listed in a separate case type, to include mediator qualification/certification petitions; process server qualification; Letter Rogatory/pre-case discovery petitions ).

VI. EXPEDITED/EMERGENCY ACTIONS (TRACK 6): Civil cases that are intended to provide an expedited or speedy resolution to litigants are to be resolved within 30 days of initial filing. Cases within this track include: Small Claims; Landlord/Tenant/FED; Petition for Temporary Restraining Order; other Emergency Petitions.

CRIMINAL CASES

I. LESSER MISDEMEANORS (TRACK 1), which are those criminal cases in which the statutory penalty is 0-6 months, are to be resolved within 120 days after initial filing.

II. MAJOR MISDEMEANORS and LESSER FELONIES (TRACK 2), which include cases in which the potential penalties are more than 6 months to one year, or more than I year to 5 years, respectively, are to be disposed within 180 days after initiation.

In Re Adoption of Time Standards For Case Disposition in the Superior Court Page 6

Ill. STANDARD FELONIES (TRACK 3), which are cases in which the penalties are more than 5 years to 20 years, must be resolved within 270 days after filing.

IV. COMPLEX FELONIES (TRACK 4), which are cases where the potential penalty is more than 20 years to life imprisonment, are to be disposed within 365 days after initial filing.

FAMIL Y CASES

I. SUMMARY PROCEEDINGS (TRACK 1): are to be resolved /disposed within 110 days after initial filing. These cases include: Uncontested Divorce. Dissolution of Vesper Marriage; Legal Separation ; Visitation; Paternity; Adoption; Conservatorshiprrrusteeship; Name Change, PINS petitions, Guardianship (Juvenile).

II. STANDARD (Track 2): Family cases which are deemed to be standard, are to be resolved within 300 days of initial filing. Cases deemed to be standard include: Custody (UCCA, Foreign Judgment, and Private Custody), Child Support; Abuse, Neglect; Dependency/Child Victim; Contested Divorce. ).

HI. COMPLEX CASES (TRACK 3): Complex family cases are to be disposed within 365 days of initial filing. Cases deemed complex because of the processes and monitoring required include: Juvenile Delinquency; Public Custody; Termination of Parental Rights.

HI. EMERGENCY PETITIONS (TRACK 4): Emergency petitions filed in the Family Division are to be resolved within 14 days of initial filing. These include: Petition for Restraining Orders/ Domestic Violence; Involuntary commitment; Emergency Relief of any Kind (i.e. emergency temporary custody, etc.); Adult Guardianship, Marriage (Traditional and Vesper).

PRODA TE CASES

I. EXPEDITED Cases or Summary proceedings (TRACK 1) in the Probate Division, are to be resolved within 90 days of initial filing. These cases include: Summary Administration, Settlement without Administration, Wills for Safekeeping, Ancillary Probate matters, Registration of Foreign Will.

II. ST ANDARD Probate cases (TRACK 2) are to be disposed within 540 days of initial filing. These cases include: Settlement With Administration; Probate

In Re Adoption ofTime Standards For Case Disposition in the Superior Court Page 7

for Wrongful Death Actions, Probate by Creditor, and all other probate cases not listed in Track 1.

MOTIONS:

PRE-TRIAL DISPOSITIVE MOTIONS:

I. CRIMINAL PRE-TRIAL DISPOSITIVE MOTIONS (Motions Track 1):

All pre-trial dispositive motions in Criminal Cases are to be resolved within 60

days after filing of the motion. Motions on this track include: Motion to Dismiss, Motion for Reconsideration (of Order), Nolle Prosequi, Application to

enter Guilty Plea.

II. CIVIL PRE-TRIAL DISPOSITIVE MOTIONS (TRACK IA): Pretrial dispositive motions in civil cases are to be resolved within 120 days of filing. Motions on this track include: Motion to Dismiss, Motion for Reconsideration (of

Order), Summary Judgment, Rule 56 Motions for Discovery Related to Summary

Judgment Motions; Default Judgment, Entry of Default, Final Adjudication.

POST-TRIAL MOTIONS

I. CIVIL POST-TRIAL MOTIONS (TRACK IB) are to be resolved

within 90 days of filing. Motions within this post-trial track include: Motion for Reconsideration (of Judgment), Motion for New Trial, Motion to Set Aside; Motion to Vacate Judgment, Rule 29/JNOV Motion, Motion to Reopen; Motion for Enforcement of Judgment/Settlement, Motion to Amend Judgment.

II. CRIMINAL POST-TRIAL MOTIONS (TRACK IC) are to be

resolved within 60 days of filing. Motions within this post-trial track include: Motion to Dismiss, Motion for Reconsideration (of Judgment), Motion for New Trial, Motion to Set Aside; Motion to Vacate Judgment, Rule 29/JNOV Motion; Motion to Reduce Sentence, Motion to Amend Judgment.)

OTHER MOTIONS:

I. EMERGENCY OR STIPULATED MOTIONS (TRACK 2) .; MOTIONS FOR EMERGENCY RELIEF AND STlPULA TED

In Re Adoption of Time Standards

For Case Disposition in the Superior Court

Page 8

MOTIONS are to be resolved within 10 days of filing. Such motions include: Motions for Release Pending Appeal; Motions for release; Bail; Protective Order, all other motions seeking emergency relief; all motions in which the parties enter a stipulation as to the outcome)

II. ALL OTHER MOTIONS (TRACK 3): All motions not specifically included in any of the other tracks listed above) are to be resolved within 60 days of filing. These include motions to suppress , motions to quash, etc.)

OTHER FILINGS; REOUESTS

I. REQUESTS FOR ELECTRONIC TRANSCRIPTS, CERTIFIED RECORDS, EXEMPLIFICATIONS AND ATTORNEY CERTIFICATIONS are to be satisfied within five (5) days of the request.

II. REQUESTS FOR PAPER TRANSCRIPTS (NOT INCLUDING TRANSCRIPT REOUESTS FOR APPEALS TO THE SUPREME COURT): 90 DAYS.

III. REQUESTS FOR RECORD SEARCHES: 30 DAYS

ATTEST:

VENETIA VELAZQUEZ, ESQ. Clerk of the Court