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Judge Leichty: Motions to Continue Trial

If the parties need a trial date beyond the speedy trial deadline, Judge Leichty will typically set a hearing to consider that request and to make any necessary ends-of-justice findings before setting a new trial date. The court encourages counsel filing for any continuance of trial to submit a speedy trial waiver from the defendant. The motion at minimum should articulate the reasons for the continuance, the basis for a finding under 18 U.S.C. § 3161, the amount of time sought by way of a continuance, and whether other parties have any objection to the request. In multi-defendant cases, unless severed, the motion should indicate whether other defendants join in the request. When adequately supported and when appropriate, the court may take up requests for a continuance on the papers. Otherwise all counsel and defendants will be expected to attend any hearing on the motion.