Continuance of Trial Date Arizona
In Arizona, "[a] continuance of any trial date shall be granted only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice . . . for so long as is necessary to serve the interests of justice." Ariz. R. Crim. P. 8.5(b).
Where there is such a showing, the prescribed time period is excluded from the computation of the time limits. Ariz. R. Crim. P. 8.4(d).
The final speedy trial exception lies in Rule 8.5. That rule states that continuances are to be granted "only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice." Ariz. R. Crim. P. 8.5(b).
Such a continuance "may be granted only for so long as is necessary to serve the interests of justice." Id. the availability of continuances on these broad grounds suggests that a case that qualifies as complex under Rule 8.2(a)(3) could also qualify for relief available under Rule 8.5.
Although Rule 8.5(b) continuances involve something extraordinary happening within the case, and Rule 8.2(a) designations involve the extraordinary nature of the case, the latter could cause the former.
In addition, the comment to Rule 8.2(a)(3) states that its provisions and the "extraordinary circumstances" exception in Rule 8.5 are cumulative:
"This subsection does not preclude application to the Supreme Court for suspension of the rules pursuant to Rule 8.5." Ariz. R. Crim. P. 8.2(a)(3), cmt. Both rules, however, require more than an ordinary bump in the procedural path to trial. a suspension of time pursuant to Rule 8.5 requires "extraordinary circumstances."