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.
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