Rule 43-40A. Included Time Period in Determining Speedy Trial; Failure To Comply with Disclosure by Prosecuting Authority

The time for trial set forth in Section 43-39 shall continue to run during any period of delay resulting from a continuance granted by the judicial authority at the request of the defendant on the basis of the prosecuting authority's wilful failure to disclose discovery materials within any applicable time period prescribed in Chapter 40. During any such continuance, the judicial authority may issue subpoenas, pursuant to Sections 40-2 and 40-20, to assist in the timely completion of discovery.