Rule 4 - Impact of Delay in Criminal Trials(A) Defendant in Jail. If a defendant is detained in jail on a pending charge, a trial must be commenced no later than 180 days from the date the criminal charge against the defendant is filed, or from the date of arrest on such charge, whichever is later. Delays caused by a defendant, congestion of the court calendar, or an emergency are excluded from the time period. Any defendant detained beyond the time period of this section must be released on recognizance but continues to be subject to the criminal charge within the limitations provided for in section (C).(B) Defendant in Jail - Motion for Early Trial. A defendant held in jail on a pending charge may move for an early trial. If such motion is filed, a trial must be commenced no later than seventy calendar days from the date of such motion except as follows: (1) delays due to congestion of the court calendar or emergency are excluded from the seventy-day calculation;(2) the defendant who moved for early trial is released from jail before the expiration of the seventy-day period; or(3) an act of the defendant delays the trial. If a defendant is held beyond the time limit of this section and moves for dismissal, the criminal charge against the defendant must be dismissed.
(C) Defendant Not in Jail - One year limit. No person can be held on recognizance or otherwise to answer a criminal charge for a period in aggregate exceeding one year from the date the criminal charge against such defendant is filed, or from the date of the arrest on such charge, whichever is later. Delays caused by a defendant, congestion of the court calendar, or an emergency are excluded from the time period. If a defendant is held beyond the time limit of this section and moves for dismissal, the criminal charge against the defendant must be dismissed. The one-year time limit does not apply to a retrial following a mistrial or vacation of a conviction or sentence following a motion to correct error, appeal, post-conviction relief, or habeas corpus proceedings. The trial court must commence the retrial within a reasonable time.(D) Dismissal for Delay in Trial - When May be Refused - Extensions of Time. If a defendant moves for dismissal under this rule, the trial may be continued for ninety days and the defendant released without money bail or surety, subject to such restrictions and conditions as determined by the court, if the state shows the following:(1) there is evidence the state would be entitled to present at trial;(2) the evidence is presently unavailable;(3) a reasonable and diligent effort was made to procure the evidence in a timely manner prior to moving for an extension of time; and(4) the evidence can be obtained within ninety days. If the defendant is not brought to trial within the ninety-day period, the criminal charges against the defendant must be dismissed with prejudice.
For purposes of this section, the evidence sought need not be essential or unique, nor is the state required to actually present such evidence at trial. However, if the state fails to make reasonable and diligent efforts to procure the evidence after the court grants the extension, the court may dismiss the criminal charges against the defendant with prejudice.
Amended June 23, 2023, eff. 1/1/2024.