Excludable Time For Rule 600 Motions

Rule 600 motions are motions to dismiss based on speedy trial issues.  We blogged about the rule previously and today we are discussing when the time counts against you -- meaning, when there is time that is ruled excludable in determining the "adjusted run date".  

If there is a period of delay that resulted from filing and litigating pretrial motions for relief, that time is excludable.  

The main reason why time is ruled excludable is if the defense attorney from Bucks County requests a continuance for a variety of reasons.  Some examples of continuances include additional time for investigation, unavailability of defense witnesses, and additional time necessary for application to pre-trial diversionary program.  Sometimes, time is ruled excludable if the defendant fails to show up to court and the matter must be continued.  

If a person is on ARD and violates ARD and is removed from the program, a new trial period commences pursuant to Rule 318.  Moreover, when a person is admitted into ARD in Bucks County, they explicitly waive their Rule 600 rights in the document they sign with the ARD program.  

Judicial delay may also be excludable time -- meaning, for example, a judge who will hear the case gets sick, is in a lengthy trial, etc, then that time may also allow for the adjusted run date to be extended.