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The information or indictment must be filed within 30 days from the date of arrest or service of the summons. [2] Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. [3]
This is also known as a "ready rule". [3] The federal law detailing this right is the Speedy Trial Act of 1974. All U.S. states have either statutes or constitutional provisions detailing this right. [4] In 1979 the Act was amended to ensure that the defendant had time to provide a suitable defense.
The Act requires that trials for specified offenses be concluded within 120 days, with a possible extension of 60 days if necessary. [6] Speedy Trial Courts, presided over by Judicial or Metropolitan Magistrates, are established under this law to expedite cases. [7] The act was notably used in The State vs. Mehedi Hasan Rasel and Others ...
However, if the responses are merely insufficient, the propounding party has a 45-day limit in which to submit the motion to compel. Additionally, the propounding party must "meet and confer" with the responding party prior to submitting the motion. Pursuant to California Rule of Court 3-1345 a motion to compel must include the following parts:
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Where an indictment is obtained through means other than an information document, such as through grand jury proceedings or after an arrest when the defendant is first brought to court, the arraignment may be referred to as an "initial hearing", [9] or "preliminary arraignment", [10] which is different from a preliminary hearing. Those other ...
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The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...