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Motion For Continuance, Remote Hearing, and To Compel Discovery

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0% found this document useful (0 votes)
33 views8 pages

Motion For Continuance, Remote Hearing, and To Compel Discovery

Uploaded by

plugparalegal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE CIRCUIT COURT OF PEORIA COUNTY, ILLINOIS

)
STATE OF ILLINOIS )
)
)
)
Plaintiff, )
) Case No. 2024-TR-0005966
v. )
)
NEAL PRICE, )
)
Defendant, )
)
)

MOTION FOR CONTINUANCE, REMOTE HEARING, AND TO COMPEL


DISCOVERY

1. NOW COMES the Defendant Neal Price to request a continuance on the October

22nd 2024 appearance/trial date.

2. The defendant requested a TRIAL BY JURY on the ticket and mailed it to the clerk as

instructed. (Exhibit C) Dustin Brees contacted me saying that I would STILL have to come in on

the October 22nd 2024 date. (Exhibit A) On the ticket it says if you request a trial by jury then

the appearance will be set to another date. Rule 504 also says “an accused who appears and

pleads “not guilty” to an alleged traffic or conservation offense punishable by fine only should be

granted a trial on the merits on the appearance date or, if the accused demands a trial by jury,

within a reasonable time thereafter.” By law this appearance date should be pushed back.

3. The defendant also requests a remote appearance in accordance to the court website.

(Exhibit B) https://www.10thcircuitcourtil.org/439/How-to-Request-a-Remote-Proceeding

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4. The defendant has also not received discovery, therefore all relevant discovery needs to

be rendered to the defendant.

5. (730 ILCS 5/5-1-17) (from Ch. 38, par. 1005-1-17)

Sec. 5-1-17. Petty Offense. "Petty offense" means any offense for which a sentence of

imprisonment is not an authorized disposition.

6. All other provisions of this Code or similar provisions of local ordinances shall be

governed by the pretrial release provisions of the Illinois Supreme Court Rules… 625. Vehicles §

5/6-308. Procedures for traffic violations

7. Illinois Supreme Court Rule 504. Appearance Date The date set by the arresting

officer or the clerk of the circuit court for an accused’s first appearance in court shall be not less

than 14 days but within 60 days after the date of the arrest, whenever practicable. It is the policy

of this court that, if the arresting agency has been exempted from the requirements of Rule 505,

an accused who appears and pleads “not guilty” to an alleged traffic or conservation offense

punishable by fine only should be granted a trial on the merits on the appearance date or, if the

accused demands a trial by jury, within a reasonable time thereafter. Illinois Supreme Court

Rules

8. WHEREFORE, the defendant requests that this court comply with procedures,

compel the adverse party to render discovery, or to dismiss this matter as a whole.

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Respectfully submitted,

Neal Price
/s/ Neal Price
708-510-2016

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
was served upon all parties of record through their attorneys via process service, U.S. mail and/or
electronically and/or personally handed to.

Neal Price
/s/ Neal Price

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EXHIBIT A:

5
EXHIBIT B:

6
EXHIBIT C:

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