What is a calendar call?
Question Details:
A calendar call is a court date where the Judge asks both the prosecutor and the defense attorney if they are ready for trial. If both sides are ready than the Judge will inform them that the trial will take place soon. Most courts in Florida do not set a specific day to start the trial unless the lawyers ask for a specific trial date to be set. The court sets a trial period (usually 2-3 week period) of when the trial will start. Usually the Judge will inform the lawyers where they are on the calendar (1st, 2nd, 3rd etc. and maybe the approximate date the trial will start). This also depends on whether the cases ahead of yours settle or not. When the case comes up for trial you usually have to ready to start within a days notice (somtimes with few hours notice). The defense attorney usally communicates with the Judges assistant during the trial period to see how things are moving along with the cases ahead of theirs so they can have a better idea of when the trial will start.
Many times the case is continued, especially during the first or second calendar call. If one side, or both sides still need to perform pre-trial work, such as depositions or other discovery, the Judge will usually continue the case. Each Judge is different. Some Judges will continue a case without much convincing by the lawyers. Some Judges need more convincing, depending on how old the case is, and how fast the Judge likes to move his/her calendar.
If the case is continued the Judge will usually ask if the Defendant waives his right to a speedy trial, especially if the defense asks for the continuance. The Defendant has a constitutional right to have the trial held quickly (usually six months from the time of the defendant is charged) depending on the type of charge. To make sure there are no problems with the right to a speedy trial, the defendant will have to waive his/her right to a speedy trial.