Excludable Time under the Speedy Trial Act

U.S. District Court for the Northern District of New York

Rule Set: Local Rules of the U.S. District Court for the Northern District of New York

Rule: 45.1

Jurisdiction: NDNY

Bluebook Citation: N.D.N.Y. L.R. 45.1

All Rules: N.D.N.Y. Local Rules, complete index


Text

The Court shall not grant a continuance or extension under the Speedy Trial Act unless a party submits a motion or stipulation that recites the appropriate exclusionary provision of the Speedy Trial Act, 18 U.S.C. § 3161. In addition, the party shall accompany the motion or stipulation with an affidavit of facts upon which the Court can base a finding that the requested relief is warranted. The attorneys shall also submit a proposed order setting forth the time to be excluded and the basis for its exclusion. If the exclusion affects the trial date of the action, the stipulation or proposed order shall have a space for the Court to enter a new trial date in accordance with the excludable time period.

The Court shall disallow all requests for a continuance or extension that do not comply with this Rule.

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