Sec. 54-82m. Rules re speedy trial to be adopted by judges of Superior Court effective July 1, 1985.
Sec. 54-82m. Rules re speedy trial to be adopted by judges of Superior Court
effective July 1, 1985. In accordance with the provisions of section 51-14, the judges
of the Superior Court shall make such rules as they deem necessary to provide a procedure to assure a speedy trial for any person charged with a criminal offense on or after
July 1, 1985. Such rules shall provide that (1) in any case in which a plea of not guilty
is entered, the trial of a defendant charged in an information or indictment with the
commission of a criminal offense shall commence within twelve months from the filing
date of the information or indictment or from the date of the arrest, whichever is later,
except that when such defendant is incarcerated in a correctional institution of this state
pending such trial and is not subject to the provisions of section 54-82c, the trial of such
defendant shall commence within eight months from the filing date of the information
or indictment or from the date of arrest, whichever is later; and (2) if a defendant is not
brought to trial within the time limit set forth in subdivision (1) of this section and a
trial is not commenced within thirty days of a motion for a speedy trial made by the
defendant at any time after such time limit has passed, the information or indictment
shall be dismissed. Such rules shall include provisions to identify periods of delay caused
by the action of the defendant, or the defendant's inability to stand trial, to be excluded
in computing the time limits set forth in subdivision (1) of this section.
(P.A. 82-349, S. 2, 4; P.A. 83-1, S. 2, 3; P.A. 07-217, S. 194.)
History: P.A. 82-349, S. 2, effective July 1, 1985; P.A. 83-1 added words "on or after July 1, 1983" after "offense";
P.A. 07-217 made technical changes, effective July 12, 2007.
Cited. 202 C. 443. Cited. 218 C. 85. Cited. 233 C. 813. Exception to sixty-day limitation period for acts of God and
misconduct on part of a defendant is a necessary implication. 242 C. 389. Cited. 243 C. 115. Trial court properly determined
that the time that co-defendant's attorney was unavailable was excludable time for computing the commencement of
defendant's trial. 252 C. 714. Administrative incompetence, whether founded in negligence, recklessness or a serious
dereliction of duty, does not constitute "exceptional circumstances", and therefore "good cause", for the failure to bring
defendant to trial before the thirty-day period has expired. 265 C. 437.
Cited. 14 CA 244. Cited. 33 CA 184; judgment reversed, see 232 C. 707. Cited. 37 CA 384. Cited. 38 CA 868. Cited.
40 CA 483. Statutory right to speedy trial cited. Id. Cited. Id., 643; Id., 757. Cited. 42 CA 144. Cited. 43 CA 488. Right
to protection of statute waived by withdrawing motion and not filing for dismissal. 47 CA 91. Cited. 54 CA 361. Section
codifies defendant's constitutional right to speedy trial and confers on Superior Court judges authority to make such rules
as they deem necessary to establish procedure for implementing that right. 66 CA 357. Defendant not deprived of right to
speedy trial when trial delay was occasioned by continuances requested by defendant's counsel, rather than by defendant,
and defendant did not object. 78 CA 659.