As amended through November 4, 2024
Section 4 - [Excluded periods]In computing the time within which the State shall be ready for trial, the following periods will be excluded:
(a) Period of delay while proceedings concerning the defendant are pending, including, but not limited to proceedings for the determination of the competency of the accused to stand trial, periods during which it is found the defendant is incompetent to stand trial, pretrial motions, interlocutory appeals, trial of other charges against the accused and the period during which such matters are under consideration by the courts. (b) Delay resulting from a continuance granted by the trial court at the request of, or with the consent of the defendant. However, such continuances shall be granted only when a postponement is in the interest of justice. Motions by the defendant for pretrial depositions and discovery under 13 V.S.A. §§ 6721-6727 shall be promptly made. Such motions, unreasonably delayed, are not to be considered good cause for continuance. Requests for continuance shall be in writing and will specify the reasons for the requested delay. Engagement of counsel in civil actions, except in extreme circumstances, is not to be considered adequate cause for continuance. (c) Delay resulting from a continuance granted at the request of the prosecuting attorney (1) because of the unavailability of evidence material to the State's case, where the prosecuting attorney has exercised due diligence and there is reasonable ground to believe such evidence will be available within a reasonable time. (2) when continuance is granted because of the complexity of preparation for trial and additional time is required by the exceptional circumstances of the case. (d) Delay resulting from the absence of the defendant when his location is unknown or his presence for trial cannot be obtained by due diligence. (e) Periods of delay caused by extraordinary circumstances. Vt. Admin. Ord. Of. Sup. Ct. 4