Free Sample Stipulation/Order - Hawaii

SAMPLE
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, Plaintiff, vs. JOHN SMITH, (01) Defendant. ) ) ) ) ) ) ) ) ) ) CR. NO. XX-00000-01 HG STIPULATION AND ORDER CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT OLD TRIAL DATE: NEW TRIAL DATE: June 12, 2006 July 13, 2006

STIPULATION CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT A. The United States of America and the Defendant,

John Smith, through their respective attorneys, hereby agree and stipulate to continue the trial in this case and to exclude the time period from [date of hearing or stipulation] and the new trial date from computation under the Speedy Trial Act. reason(s) for the continuance is (are): _________________________________________________________________ _________________________________________________________________ The

. B. The parties further agree that the ends of justice

served by the continuance outweigh the best interests of the Defendant and the public in a speedy trial, and [check all that apply, but per the statute 2 and 3 cannot both be checked]:

1.

The failure to grant such a continuance would be

likely ___to make a continuation of such proceeding impossible ___to result in a miscarriage of justice. 2. The case is so ___unusual ___complex due to ___the number of defendants ___the nature of the prosecution ___the existence of novel questions of fact or law that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by the Speedy Trial Act. 3. The failure to grant the continuance would ___deny the defendant reasonable time to obtain counsel ___unreasonably deny the defendant continuity of counsel ___unreasonably deny the government continuity of counsel

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___deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence ___deny counsel for the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 4. C. (Other factors considered) .

The parties further agree that the period of time

from [date of hearing or stipulation] to and including [new trial date], constitutes a period of delay which shall be excluded in computing the time within which the trial in this case must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(8)(A) and (h)(8)(B). DATED , 2007, at Honolulu, Hawaii. EDWARD H. KUBO, JR. United States Attorney District of Hawaii

By [AUSA] Assistant U.S. Attorney

MARY JONES, ESQ. Attorney for Defendant JOHN SMITH

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ORDER CONTINUING TRIAL AND EXCLUDING SPEEDY TRIAL ACT TIME The above Stipulation Continuing Trial Date And Excluding Time Under the Speedy Trial Act is hereby approved, and the agreements set forth in paragraphs A, B, and C of the Stipulation are adopted as findings by the court. reasons stated, IT IS HEREBY ORDERED: (1) the jury selection and trial are set for [date]; (2) the final pretrial conference is set for [date] at 10:00 a.m.; (3) [if applicable] defense motions are due on [date], and the government's responses are due on [date]. IT IS FURTHER ORDERED that the period of time from [date of hearing or stipulation] to and including [new trial date], constitutes a period of delay which shall be excluded in computing the time within which the trial in this case must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(8)(A) and (h)(8)(B). DATED , 2007, at Honolulu, Hawaii. For the

/s/Helen Gillmor Chief United States District Judge

USA v. JOHN SMITH, ET AL. Cr. No. 07-00000-01 HG "Stipulation and Order Continuing Trial Date and Excluding Time under the 4 Speedy Trial Act"