Sec. 4. Factors for granting continuance. – The following factors, among others, shall be considered by a court in determining whether to grant a continuance under section 3(f) of this Rule.
(a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate
preparation within the periods of time established therein.
In addition, no continuance under section 3(f) of this Rule shall be granted because of congestion of the court’s calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor.
WHAT IS A CONTINUANCE?
A continuance is a postponement of trialWHAT ARE THE FACTORS FOR GRANTING A CONTINUANCE/POSTPONEMENTS?
1. Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and
2. Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate
preparation within the periods of time established therein.
No continuance under section 3(f) of this Rule shall be granted because of congestion of the court’s calendar or lack of diligent preparation or failure to obtain available witnesses on the part of
the prosecutor.
IS THE GRANT OF A MOTION FOR CONTINUANCE OR POSTPONEMENT A MATTER OF RIGHT?
It is a matter of discretion on the part of the court