Rule 10 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 one day prior to the date set. The defendant must sign all orders of continuance. (B) Written Motion: Bench Trials – 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: A written motion and affidavit shall present all requests for a continuance of a jury trial with notice provided to the opposing party. Such motions may be heard at the pre-trial hearing. 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 may be required as a condition for granting a continuance. Waivers must be to a date certain. (G) Infraction Hearing: The court clerk may grant one telephone request for a continuance. Thereafter, the request must be in writing and approved by the court.
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|