United States Distric Judge R. David Proctor has issued the date of February 10th at 10:00 a.m. for the start of the new trial.
A lawyer for state Rep. Sue Schmitz says a new trial for the legislator was expected in December or January.
Schmitz's trial on fraud charges ended in a mistrial after jurors reported for the third time that they were deadlocked.
Huntsville defense attorney Jake Watson said the judge in the case had talked about setting the new trial for the end of the year or the start of 2009.
Schmitz, a Democrat from Toney in north Alabama, is accused of getting $177,000 from a "no work" job in the two-year college system.
Prosecutors called Schmitz a conniving thief but defense attorneys said she wanted to work hard for the program but was given little supervision or direction.