Fill and Sign the State of North Carolina Notice of Return of Bill Form

Mailing it through the U.S. Postal Service. Attaching it to an Order for Arrest to be served on the defendant. Other: (specify) CERTIFICATE OF NOTICE Deputy CSC Assistant CSC Clerk Of Superior Court PM AM Deputy CSC Assistant CSC Clerk Of Superior Court 1. 2. 3. I certify that I issued a copy of this Notice to the defendant named above at the address shown by: AOC-CR-215, Rev. 10/04 2004 Administrative Office of the Courts Date STATE OF NORTH CAROLINA File No. Original-File Copy-Defendant (Over) You are informed that there are important time limitations on your right to discovery of the evidence against you. (See G.S. 15A-902, which is printed on the reverse.) NOTICE OF RETURN OF BILL OF INDICTMENT In The General Court Of Justice Superior Court Division County STATE VERSUS G.S. 15A-630, 15A-941(d) Signature To The Defendant Named Above: Take notice that the grand jury of the county named above has returned the attached True Bill(s) of Indictment charging you with the offense(s) specified. This Notice is issued upon the order of the presiding judge. You must appear in Superior Court at the date, time and place shown below to answer the charges in this Indictment. NOTE: If an earlier court date is set in a release order, you must appear at that time also. You will be arraigned on the charges contained in this Indictment only if you file a written request for arraignment with the Clerk of Superior Court not later than twenty-one (21) days after the Indictment is served on you. If you do not file a written request for arraignment within that time, the court will enter a not guilty plea on your behalf. Signature NOTE: Attach True Bill(s) of Indictment and a copy of the Order of Arrest, if appropriate. Name And Address Of Defendant Date Of Hearing Time Of Hearing Place Of Hearing Date Issued A party seeking discovery under this Article must, before filing any motion before a judge, request in writing that the other party comply voluntarily with the discovery request. A written request is not required if the parties agree in writing to voluntarily comply with the provisions of Article 48 of Chapter 15A of the General Statutes. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery under the provisions of this Article concerning any matter as to which voluntary discovery was not made pursuant to request. G.S. 15A-902 Discovery Procedure "(a) AOC-CR-215, Side Two, Rev. 10/04 2004 Administrative Office of the Courts To the extent that discovery authorized in this Article is voluntarily made in response to a request or written agreement, the discovery is deemed to have been made under an order of the court for the purposes of this Article. (b) If a defendant is represented by counsel, the defendant may as a matter of right request voluntary discovery from the State under subsection (a) of this section not later than the tenth working day after either the probable-cause hearing or the date the defendant waives the hearing. If a defendant is not represented by counsel, or is indicted or consents to the filing of a bill of information before the defendant has been afforded or waived a probable-cause hearing, the defendant may as a matter of right request voluntary discovery from the State under subsection (a) of this section not later than the tenth working day after the later of: (d) The defendant's consent to be tried upon a bill of information, or the service of notice upon the defendant that a true bill of indictment has been found by the grand jury, or (1) For the purposes of this subsection a defendant is represented by counsel only if counsel was retained by or appointed for the defendant prior to or during a probable-cause hearing or prior to execution by the defendant of a waiver of a probable-cause hearing. The appointment of counsel. (2) A motion for discovery under this article must be heard before a superior court judge. (c) (e) The State may as a matter of right request voluntary discovery from the defendant, when authorized under this Article, at any time not later than the tenth working day after disclosure by the State with respect to the category of discovery in question. (f) A motion for discovery made at any time prior to trial may be entertained if the parties so stipulate or if the judge for good cause shown determines that the motion should be allowed in whole or in part." G.S. 15A-941(d) Arraignment Before Judge Only Upon Written Request A defendant will be arraigned in accordance with this section only if the defendant files a written request with the clerk of superior court for an arraignment not later than 21 days after service of the bill of indictment. If a bill of indictment is not required to be served pursuant to G.S. 15A-630, then the written request for arraignment must be filed not later than 21 days from the date of the return of the indictment as a true bill. Upon the return of the indictment as a true bill, the court must immediately cause notice of the 21-day time limit within which the defendant may request an arraignment to be mailed or otherwise given to the defendant and to the defendant's counsel of record, if any. If the defendant does not file a written request for arraignment, then the court shall enter a not guilty plea on behalf of the defendant." "(d)