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In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
The Supreme Court first noted that "[t]he right to a speedy trial is generically different from any of the other rights enshrined in the Constitution for the protection of the accused" for three reasons: First, the Court noted that "there is a societal interest in providing a speedy trial which exists separate from, and at times in opposition ...
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits. [13] The judge must set forth, orally or in writing, his or her reasons for granting the continuance. [14]
In the state's motion for a continuance filed Jan. 27, prosecutors said they had just received hundreds of pages of medical records along with a list of nearly two dozen defense witnesses.
The District Court granted a continuance until September 6, then granted another continuance until November 8. Due to difficulties in arranging a trial schedule, the judge suggested that the defendant waive his rights under the Speedy Trial Act "for all time." The defendant and his attorney agreed to do so.
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In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.