Rule 9
(Effective September 1, 1999, CrRLJ 3.3(h))
CONTINUANCES
A. Bench Trials - Stipulations:
The Court will grant a continuance after a bench trial
date has been set upon a stipulation of counsel not less
than three days prior to the date set.
B. Bench Trials - Written Motion:
All requests for a continuance made five working days
or less prior to a non-jury trial not stipulated to by the
opposing party shall be presented by written motion and
affidavit after notice to the opposing party. Twenty-four
hours prior notice to the opposing party shall meet the
requirement of this sub-section. The Court may grant a
continuance on a showing of good cause.
C. Jury Trials:
All requests for a continuance of a jury trial shall be
presented by a written motion and affidavit with notice
provided to the opposing party. Such motions may be heard at
the pre-trial hearing or the date set by the clerk in the
trial notification letter for motions. A continuance will be
granted only upon a showing of good cause.
D. Good Cause:
The following shall be deemed to be good cause:
1. Illness;
2. Unavoidable and/or unforeseen conflicts;
3. Unforeseen unavailability of witnesses; or,
4. Lack of discovery or new evidence requiring investigation.
E. Imposition of Costs:
Payment of costs of the Court and the opposing party
may be a condition for granting a continuance.
F. Speedy Trial Waiver:
A Waiver of the speedy trial rule shall be required as
a condition for granting a continuance.
G. Infraction Hearings:
One telephone request for a continuance may be granted
by the Court Clerk. Thereafter, the request must be in
writing and approved by the Court.
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