Podcast
Questions and Answers
How many days does the accused have to prepare for trial after a plea of not guilty is entered?
How many days does the accused have to prepare for trial after a plea of not guilty is entered?
When should the trial commence after receiving the pre-trial order?
When should the trial commence after receiving the pre-trial order?
For how long can the entire trial period exceed from the first day of trial, as authorized by the Supreme Court?
For how long can the entire trial period exceed from the first day of trial, as authorized by the Supreme Court?
What should the court do to ensure a speedy trial?
What should the court do to ensure a speedy trial?
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Under what circumstances do the time limitations provided under this section and preceding section not apply?
Under what circumstances do the time limitations provided under this section and preceding section not apply?
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What types of proceedings concerning the accused can result in a delay that is excluded in computing the time within which trial must commence?
What types of proceedings concerning the accused can result in a delay that is excluded in computing the time within which trial must commence?
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What defines an essential witness in terms of their availability for trial?
What defines an essential witness in terms of their availability for trial?
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Under what conditions can a continuance be granted by a court according to the text?
Under what conditions can a continuance be granted by a court according to the text?
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What defines an essential witness as unavailable for trial?
What defines an essential witness as unavailable for trial?
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What type of delay is considered in computing the time within which trial must commence?
What type of delay is considered in computing the time within which trial must commence?
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What should a court consider when determining whether to grant a continuance under section 3(f) of the Rule?
What should a court consider when determining whether to grant a continuance under section 3(f) of the Rule?
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Study Notes
Pre-Trial and Trial Proceedings
- After a plea of not guilty is entered, the accused has 70 days to prepare for trial.
- The trial should commence within 70 days after receiving the pre-trial order.
Trial Period and Speedy Trial
- The entire trial period can exceed 70 days from the first day of trial, as authorized by the Supreme Court.
- To ensure a speedy trial, the court should prioritize the case and manage its schedule efficiently.
Exclusions and Exceptions
- Time limitations do not apply when the defendant is competency-impaired or detained in another jurisdiction.
- Proceedings concerning the accused that can result in excluded delays include interlocutory appeals, pre-trial motions, and competency hearings.
Witness Availability and Continuances
- An essential witness is defined as one who is necessary for the trial and is available for trial.
- An essential witness is unavailable for trial if they are deceased, outside the court's subpoena power, or unforeseeably unable to testify.
- A continuance can be granted if an essential witness is unavailable, or if exceptional circumstances exist that justify a delay.
- In determining whether to grant a continuance, the court should consider the likelihood of the witness becoming available, the expected length of the delay, and the burden on the defendant and the court.
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Description
This quiz covers the time allowed for the accused to prepare for trial after a plea of not guilty is entered, as well as the rules for continuous trial until termination, including provisions for postponements. Test your knowledge on the procedures outlined in Rule 119 of trial proceedings.
