(a) (1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its next regular term and may be in session at any time the judge thereof may deem necessary. However, no session shall interfere with any other court to be held by the same judge.
(2) If the time has not been previously fixed by the court, or unless in such cases they are required by law to take notice, all interested parties shall receive notice of any proceeding affecting their rights and shall be given time to prepare to meet the proceeding.
(b) (1) If the defendant is in custody or on bail when the indictment is found, the trial may take place at the same term of the court on a day to be fixed by the court.
(2) If not tried at the same term, all indictments, together with all other criminal prosecutions and penal actions, shall be docketed for the first day of the next term of the court unless a different day is fixed by the order of the court.
(3) All prosecutions shall stand for trial on the day to which they are docketed, where the defendant is in custody, on bail, or has been summoned three (3) days before the commencement of the term.
(c) (1) When an indictment is called for trial, or at any time previous thereto, the court upon sufficient cause shown by either party may direct the trial to be postponed to another day in the same term or to another term.
(2) The provisions of the Code of Practice in Civil Cases of 1869, in regard to postponements of the trial of actions, shall apply to the postponement of prosecutions on behalf of a defendant.
(d) The prosecuting attorney shall not be required, in order to obtain a continuance of a criminal case, to make an affidavit to the causes for continuance. His official statement in writing shall be sufficient.
Section: 16-89-102 16-89-103 16-89-106 16-89-107 16-89-108 16-89-109 16-89-110 16-89-111 16-89-112 16-89-113 16-89-114 16-89-115 16-89-116 16-89-117 NextLast modified: November 15, 2016