Westport Municipal Court

		
		
                           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.