Opinion
8:06CR387.
January 30, 2007
ORDER
This matter is before the court on defendant's motion to continue trial [24].
IT IS ORDERED that defendant's motion [24] is held in abeyance pending compliance with NECrimR 12.1(a). Defendant is given until February 12, 2007 to file the required waiver.
12.1 Motions to Continue Trial.
(a) Content of Motion. Unless excused by the court in individual cases, a motion to continue the trial setting of a criminal case must state facts demonstrating that the ends of justice served by a continuance outweigh the best interest of the public and the defendant in a speedy trial, (see 18 U.S.C. § 3161(h)(8)), or that for some other reason, the continuance will not violate the Speedy Trial Act. Unless excused by the court in individual cases, if the defendant is a moving party the motion shall be accompanied by the defendant's affidavit or declaration (see 28 U.S.C. § 1746) stating that defendant:
(1) Was advised by counsel of the reasons for seeking a continuance;
(2) Understands that the time sought by the extension may be excluded from any calculation of time under the Speedy Trial Act, 18 U.S.C. § 3161 et seq.; (3) With this understanding and knowledge, agrees to the filing of the motion; and
(4) Waives the right to a speedy trial.