Eighth Cir. Allows Open-Ended Continuances, Joins Courts’ Split

Reasonable open-ended continuances are permissible under the Speedy Trial Act to promote the ends of justice, the Eighth Circuit said Thursday.

A specific time limit is preferred, but there are cases where a reasonable open-ended continuance is necessary, said Judge Lavenski R. Smith in an opinion for the US Court of Appeals for the Eighth Circuit. The delay at issue here was reasonable because it only lasted 40 days and was granted to give new counsel time to prepare for trial, Smith said, affirming the lower court’s denial of the plaintiff’s dismissal motions.

While the issue was one of first ...