Who may request a continuance when the trial date falls on a religious holiday?

• A. The clerk only.
• B. A defendant, defense attorney, prosecutor, or juror.
• C. The judge only.
• D. The defendant or the prosecutor only.

Answer: (B)

When a trial date lands on a religious holiday, the court can grant a postponement to accommodate those who must observe the holiday. A continuance request may be made by anyone whose participation would be affected: the defendant, defense attorney, prosecutor, or a juror. This reflects the need to ensure fair participation and prevent coercion or prejudice, while still keeping the trial on track if a reasonable delay can be arranged. The judge will evaluate the request and balance fairness with the impact on the proceedings.

The option that designates only the clerk is incorrect because the clerk does not decide continuances; they handle filings and communications, but a continuance is initiated by the parties directly affected. The idea that only the judge may request ignores that parties with conflicts—such as counsel or a juror—can bring the issue to the court’s attention. Limiting it to the defendant and prosecutor excludes other legitimate requestors like defense counsel and jurors who need accommodation.