DECISION on REQUEST for CONTINUANCE Form
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People also ask
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What constitutes a good cause for continuance?
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
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What is a stipulation for continuance?
The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.
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Is a continuance a good thing?
If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.
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What constitutes a good cause for continuance in California?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a signNow, unanticipated change in the status of the case as a result ...
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What are the rules for a continuance in California?
(4) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for hearing, unless the court finds good cause for hearing an oral motion.
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How do I ask for continuance in court in California?
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
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What is the law of continuance?
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
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What is a good reason to ask for a continuance?
A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.
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