DCR 3.319 Criminal Continuances

(a) Any party requesting a continuance of a criminal hearing shall complete a Request for Continuance form which form shall be approved by the District Judges.

(b) The form shall be fully completed, specifically including the position of (1) the written waiver of speedy trial by the defendant for the period of time resulting from the delay caused by the continuance, if the request is post arraignment and prior to trial; (2) the position of other counsel requesting the continuance, including counsel representing any co-defendant's, and (3) any other requested information.

(c) Upon completion of the form, the form shall be delivered to the assigned judge for felony cases or the duty judge for misdemeanor cases.

(d) At the discretion of the judge, a conference call may be required. Counsel initiating the continuance request shall arrange the call. All counsel shall be included in the call and shall have their calendars available. At the time of the call, if a continuance is granted, a new date will be given.

(e) No continuances, including for diversion checks, shall be granted the day of a hearing except for good cause or where a subpoena has been personally served but the witness fails to appear and a show cause proceeding will be instituted.

(f) No continuance shall be granted in variance of these procedures except in an extreme emergency.

Revised: August 17, 2016