A week before the trial is set to commence, counsel needs more time to prepare. How should he proceed to extend the trial date?

A week before the trial is set to commence, counsel needs more time to prepare. How should he proceed to extend the trial date?

• A. Motion to continue the trial; the motion must be in writing and allege the grounds upon which it is based, and must be verified by an affidavit from the defendant or defense counsel
• B. Ask the judge for a courtesy extension at the courthouse steps
• C. File a motion for a new trial
• D. Simply delay the start date by a few days without filing a motion

Answer: (A)

When more time is needed to prepare for trial, the proper route is to file a motion to continue the trial. This is the formal request the court uses to extend the trial date. The motion should be in writing, must allege the grounds for the extension, and must be verified by an affidavit from the defendant or defense counsel. The affidavit provides sworn support for the reasons stated, helping the judge assess necessity and ensure fairness. An informal request at the courthouse steps isn’t appropriate because continuances require a proper motion with sworn support and a court ruling. A motion for a new trial is something that happens after a conviction and is not used to push a trial date forward before it occurs. Delaying the start date by a few days without filing any motion bypasses the procedural safeguards and could violate speedy-trial rights or other procedural rules.

When more time is needed to prepare for trial, the proper route is to file a motion to continue the trial. This is the formal request the court uses to extend the trial date. The motion should be in writing, must allege the grounds for the extension, and must be verified by an affidavit from the defendant or defense counsel. The affidavit provides sworn support for the reasons stated, helping the judge assess necessity and ensure fairness.

An informal request at the courthouse steps isn’t appropriate because continuances require a proper motion with sworn support and a court ruling. A motion for a new trial is something that happens after a conviction and is not used to push a trial date forward before it occurs. Delaying the start date by a few days without filing any motion bypasses the procedural safeguards and could violate speedy-trial rights or other procedural rules.