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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