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Filo Dab: 1/02021 11:37 AMCoo. Superior Court

E-Flhd Documnt

STATE OF NEW HAMPSHIRE

Cabs, SS. Superior Court

State of New Hampshire

v.

Volodymyr Zhukovskyy

Superior Court Case: 214-2019-CR-78

Charge ID: 16366260, 16366270. 1636628C, 1636629C. 1636630C, 1636631 C,1636632C, 16804540. 16804550. 16804560, 16804570, 16804580, 1680459C,1680460C, 16804864C, 1680485C, 16804860. 16804870, 16804880, 16804890,

16804900, 1680491 C, 16804920

T ' PA TA Y ENTEDT M TIONF RANAM NDED H D LINORDER

NOW COMES the State ofNew Hampshire, by and through its attorneys, the Ofl'lce ofthe C065 County Attorney, and the Ofi'lce of the Attorney General, and states as follows:

l. The State filed a Motion to Adopt its Proposed Scheduling Order with the Court on

November 15, 2019. The order was granted by the Court on January 7, 2020. The State

filed an Assented to Motion for an Amended Scheduling Order with the Court on October

l4, 2020, that extended certain deadlines and set trial for March 2021.

2. The parties have continued working diligently to adhere to the deadlines spelled out in the

Court’s order. However, because of the Covid-l9 pandemic and the resulting adjustments

to the Court’s trial schedule, and witness schedules and availability, the parties recognize

that the March 202] date for jury selection is no longer feasible, and thus move the

Honorable Court to continue the matter to the May or June 2021 jury trial docket.

3. Additionally, the parties recognize that further expert analyses of the collision scene and

associated evidence by the respective experts has rendered the deposition deadlines that

were set in the Court’s amended scheduling order impracticable.

4. Accordingly, the State, with defense counsels’ assent, proposes the following adjustments

to the January 7, 2020, scheduling order, amended by the October l4, 2020, scheduling

order, and moves the Honorable Court to approve the deadlines listed below continuingthe trial to the May/June 2021 trial cycle:

a. Jury selection: May/June 202]

b. Deadline for both sides to depose expert/lay

5.

witnesses: March 15, 2021

c. Deadline for pretrial motions, including

motions in limine: March 22, 2021

The parties do not agree on a deadline to submit motions for proposedjury instructions.The State has suggested a March 15 deadline at the latest, which is consistent with thedeadline established in the prior scheduling order, while the defense is unwilling to agree

to a deadline sooner than March 30, 2021.

The deadlines that were established in the Court’s prior scheduling order that do notconflict with the amended deadlines set forth in paragraph 4., a-d above will remain infull force and effect. To the extent that evidentiary hearings arc scheduled in response tomotions, the parties will provide witness lists seven days in advance of the hearings.

Counsel for the defendant, Attorney Jay Q. Duguay, Esq., was contacted and assents tothe State's Motion.

WHEREFORE, the State requests that this Honorable Court:

A. GRANT the State's Motion and relief requested in paras. 2 and 4 above; or,B. HOLD a hearing on the matter; and,C. GRANT any other reliefdeemed proper and just.

Respectfully Submitted,

STATE OF NEW HAMPSHIREJanuary 5, 2021

/s/ John G. McCormick

- John G. McCormick, Esq.

‘ ‘b ‘Lo 1 | C068 County Attorney,

I

NH Bar # 16183'

[ k L fa C‘I'TLS 5 L q i Office ofthe Coés County Attorney

55 School St. Suite 14]

3 u} m TI»V £5 ’3' F” r Lancaster,NH03584

eFae o 9 ad j “F3 n‘ f

‘h‘v ”+70 n5 (603) 7886559

b m a r O h 3 0' [1.0 LL ’ k0 Scott D. Chase, Esq., NH Bar #268772Shaw’s +

Assistant Attorney General

o i 9 n'- NH Department of Justicem I g

33 Capitol Street

..'

Concord, NH 03301-6387a Hm. rw 1 5e, 3m: «fibfi/ (60327136717% V

onDocument Sent to PartiesClerk's Notice of Decision

01/06/2021

Shane B. Goudas, Esq., NH Bar # 269581Attorney

NH Department of Justice33 Capitol Street

Concord, NH 03301-6387(603) 271-3671

QERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has this day been forwarded to Jay Q. Duguay,

Esq., and Sheldon S. Mirkin, Esq., of the New Hampshire Public Defender, as counsel for theDefendant by electronic fling per the Supplemental Rules of the Superior Court ofNewHampshire for Electronic Filing, Rule 13(a).

Respectfully Submitted,

STATE OF NEW HAMPSHIRE

January 5, 2021

/s/ John G. McCormick

John G. McCormick, EsqOffice of the C065 County Attorney