Exclusions In Computation Of Time Within
Which Trial Must Commence:
A. Any period of delay resulting from other proceedings concerning the
accused, including but not limited to the following:
1. Delay resulting from an examination of the physical and mental
condition of the accused;
2. Delay resulting from proceedings with respect to other criminal
charges against the accused;
3. Delay resulting from extraordinary remedies against interlocutory
4. Delay resulting from pre-trial proceedings; provided, that the
delay does not exceed thirty (30) days;
5. Delay resulting from orders of inhibition, or proceedings relating
to change of venue of cases or transfer from other courts;
6. Delay resulting from a finding of existence of a prejudicial
7. Delay reasonably attributable to any period, not to exceed thirty
(30) days, during which any proceeding concerning the accused is
actually under advisement.
B. Any period of delay resulting from the absence or unavailability of
an essential witness.
C. Any period of delay resulting from the mental incompetence or
physical inability of the accused to stand trial.
D. If the information is dismissed upon motion of the prosecution and
thereafter a charge is filed against the accused for the same offense,
any period of delay from the date the charge was dismissed to the
date the time limitation would commence to run as to the subsequent
charge had there been no previous charge.
E. A reasonable period of delay when the accused is joined for
trial with a co-accused over whom the court has not acquired
jurisdiction, or, as to whom the time for trial has not run and no
motion for separate trial has been granted.
F. Any period of delay resulting from a continuance granted by any
court motu proprio, or on motion of either the accused or his
counsel, or the prosecution, if the court granted the continuance
on the basis of its findings set forth in the order that the ends
of justice served by taking such action outweigh the best interest
of the public and the accused in a speedy trial.
- When the whereabouts are unknown or cannot be determined with
- When his whereabouts are known but his presence at the trial cannot
be obtained with due diligence