Rule 39.3.The Criminal Docket
Rule 39. DOCKETING AND INDEXING · Last amended 2019 · Last verified July 17, 2026
Full Text of Rule 39.3
Plain-English Summary
Rule 39.3 does for criminal cases what Rule 39.2 does for civil ones: it requires the clerk to keep a detailed docket tracking every indictment that receives a true bill and every accusation filed in the office. That docket records the defendant’s name and tracking number, defense counsel, the specific charges, whether the case proceeded by indictment or accusation, pleas entered, trial and disposition dates, sentences, and the paper trail through appeal — bench warrants, transcripts, notices of appeal, and remittiturs.
The rule’s second half, added through Rule 39.3.1, targets a specific problem: felony cases that stall after sentencing while a motion for new trial or an appeal sits unresolved. Twice a year, the superior court clerk in each circuit must compile a list of every such pending case, showing the sentencing and assigned judges, counsel of record, and key dates — sentencing, transcript filing, motion for new trial filing, and notice of appeal. The list is sorted by how long each case has been pending, putting the oldest delays at the top.
That list does not stay buried in the clerk’s office. The chief judge of the circuit forwards it to the Supreme Court’s clerk within ten days, and the superior court clerk’s office files the list as a court record available under Rule 21, with copies going to the district attorney and the circuit public defender. The Supreme Court then makes the list available to the public in its own right, and it can act on delays it finds unjustified — giving this reporting requirement real teeth as an oversight mechanism for stalled criminal appeals.
Frequently Asked Questions
What must the Criminal Docket record for each case?
It must record a unique case number, filing date, defendant and defense counsel information, the specific offenses charged, whether the case was an indictment or accusation, pleas entered, trial and disposition details, sentencing information, and appeal-related dates through the filing of the remittitur.
How often must circuits report on pending felony cases with unresolved motions for new trial?
No later than 30 days after January 1 and July 1 of each year, the clerk must submit a list of felony cases pending a ruling on a motion for new trial or transmission of the appellate record.
Who receives the semi-annual list of pending felony cases?
The chief judge submits the final list to the clerk of the Supreme Court within 10 days of receiving it; the superior court clerk’s office files the list as a court record available under Rule 21 and provides it to the district attorney and the circuit public defender, and the Supreme Court separately makes the list available to the public.
In what order are cases listed on the semi-annual felony report?
The cases are listed in order of length of time pending, so the longest-delayed cases appear first.
What can the Supreme Court do if it identifies unjustified delays from these reports?
Rule 39.3 states that the Supreme Court may take other action to address unjustified delays in cases as may be appropriate.
Amendment History
Adopted effective January 1, 2019.