The Defendant respectfully moves the Court to reconsider its Order granting the State's Motion for Continuance.
The Defendant was not afforded an opportunity to respond to the State's Motion for Continuance before the Court issued its ruling. Respectfully, the Defendant submits that consideration of both parties' arguments is fundamental to ensuring a fair adjudication of contested motions.
Had the Defendant been permitted to respond, the Defendant would have argued that the State has already had approximately thirty (30) days to investigate and prepare this straightforward Failure to Identify matter. The prosecution's stated justification; that the assigned prosecutor was on Leave of Absence and that the continuance was not timely submitted; is an internal administrative matter within the State's control and does not constitute good cause to delay the Defendant's right to a timely resolution.
While the Defendant appreciates the Court's limitation that no further extension of the discovery deadline will be granted, the Defendant respectfully submits that the burden of the State's internal staffing or scheduling issues should not be borne by the Defendant.
Accordingly, the Defendant respectfully requests that the Court reconsider its Order, vacate the continuance, and proceed with the matter as originally scheduled.