The Pro Bowl defensive end is appealing a July 15 conviction on misdemeanor charges of assaulting a female and communicating threats.
The trial date is scheduled during Carolina's bye week. Carolina hosts Atlanta on Nov. 16.
However, Fialko issued a statement Monday saying he believes the trial will be pushed back.
Fialko says the state ''will try much older cases at the November date, and we will be assigned a jury trial date in 2015 once that master court calendar is published. I do not think this district attorney will leapfrog Mr. Hardy's case over the many other older ones.''
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