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Rule 28 – Determination of Good Cause Regarding Statutory Trial Time Requirements

May 11, 2021 | Civil Procedure, Idaho

When considering whether good cause exists in ruling on a motion to continue a trial or a request to dismiss which is based upon the time requirements set forth in section 19-3501, Idaho Code, in exercising its discretion, the court shall consider the following factors:

1) When considering whether good cause exists in ruling on a motion to continue a trial or a request to dismiss which is based upon the time requirements set forth in section 19-3501, Idaho Code, in exercising its discretion, the court shall consider the following factors:
2) whether there have been prior continuances and the reasons therefore;
3) the reason(s) for the current delay, including but not limited to: whether the delay was necessary to safeguard the health or safety of the parties, jurors, attorneys, witnesses, court staff, or the public, and whether the delay was necessitated by the declaration of an emergency by the President of the United States or the Governor of the State of Idaho;
4) whether and when the accused requested compliance with the statutory trial time requirements;
5) the prejudice, if any, to the accused of permitting the prosecution to proceed beyond the statutory trial time requirements; and,
6) any other factor the court deems relevant.

Id. Crim. R. 28

Adopted March 18, 2020, effective March 18, 2020.