Arizona Laws 13-4435. Speedy trial; continuance; notice
A. In any criminal proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy trial for the victim.
Terms Used In Arizona Laws 13-4435
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means all state, county and municipal courts in this state. See Arizona Laws 13-4401
- Criminal proceeding: means any hearing, argument or other matter that is scheduled by and held before a trial court but does not include any deposition, lineup, grand jury proceeding or other matter that is not held in the presence of the court. See Arizona Laws 13-4401
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim: means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 13-4401
- Writing: includes printing. See Arizona Laws 1-215
B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim is represented by counsel who has filed a notice of appearance, the court, if the request for a continuance is in writing, shall make reasonable efforts to notify the victim’s counsel in the same manner in which a party is notified.
C. A motion to continue shall be in writing unless the court makes a finding on the record that exigent circumstances exist to permit an oral motion.
D. The court shall grant a continuance only if extraordinary circumstances exist and the delay is indispensable to the interests of justice. A continuance may be granted only for the time necessary to serve the interests of justice.
E. Subsections B, C and D do not apply to justice of the peace and municipal courts.
F. Before ruling on a motion for a continuance, the court shall consider the victim’s views and the victim’s right to a speedy trial. If a continuance is granted, the court shall state on the record the specific reason for the continuance.