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A defendant must be considered unavailable whenever his location is known but his presence for trial cannot be obtained by due diligence; or (ii) where the defendant has either escaped from custody or has failed to appear when required after having previously been released on bail or on his own recognizance, and provided the defendant is not in custody on another matter, the period extending from the day the court issues a bench warrant pursuant to (d) a reasonable period of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial pursuant to this section has not run and good cause is not shown for granting a severance; or (e) the period of delay resulting from detention of the defendant in another jurisdiction provided the district attorney is aware of such detention and has been diligent and has made reasonable efforts to obtain the presence of the defendant for trial; or (g) other periods of delay occasioned by exceptional circumstances, including but not limited to, the period of delay resulting from a continuance granted at the request of a district attorney if (i) the continuance is granted because of the unavailability of evidence material to the people's case, when the district attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will become available in a reasonable period; or (ii) the continuance is granted to allow the district attorney additional time to prepare the people's case and additional time is justified by the exceptional circumstances of the case.

(j) the period during which a family offense is before a family court until such time as an accusatory instrument or indictment is filed against the defendant alleging a crime constituting a family offense, as such term is defined in 5.

Motions before a trial are usually made by a party to obtain the security of a court order that will govern some aspect of the parties’ relations until the time of trial, as described below.

Motions after trial are made to modify or enforce the orders already in place.

(iii) prevent the redetention of or otherwise apply to any defendant who, after being released from custody pursuant to this section or otherwise, is charged with another crime or violates the conditions on which he has been released, by failing to appear at a judicial proceeding at which his presence is required or otherwise.

If you don’t agree and need some action before the court is ready to give you a trial, either one of you can file a motion to get what is usually an order that will only last until the time of total settlement or trial.

Pretrial motions are used to resolve a number of issues, including: If you don’t have a lawyer, a self-help center can normally help you prepare the motion, provide instructions on where to file it with the court, and tell you how to obtain a hearing date.

The trial itself is normally the most important event in the case and, depending on its complexity, may last anywhere from ten minutes to several months.

After hearing the evidence produced by the parties at trial, the judge will decide any issues the parties have not been able to resolve on their own.




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