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Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Definition. The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.

If you strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you can file a written Objection to the Motion to Continue, and file it with the court.

There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.

What Happens at a Trial Setting Conference? The judge will ask questions about the case to ascertain whether it is ready for trial and how long the trial is likely to take. If the case is indeed ready to proceed to trial, the court will set a Mandatory Settlement Conference (or MSC) as well as a trial date.

A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

The defendant may testify, ask questions of witnesses and present physical evidence to the Judge.Show respect to all court personnel, the opposing party and all witnesses. After hearing both sides the Judge will, based upon the law and the facts, reach a decision called a Judgment.

Rhode Island Motion to Assign Case to Continuous Jury Calendar

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