Motion for Continuance Form
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What is the definition of motion for continuance?
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
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Why would someone object to a continuance?
A judge may deny a continuance when: the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence.
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What is an example of asking for a continuance?
As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.
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Why do lawyers drag out cases?
Additionally, it can give them time to prepare and file motions—such as motions to exclude evidence or testimony—which can help shape the case's progress. When delays are based on improper reasons, they may be a way to wear down the opposition and persuade them to agree to things that aren't in their best interest.
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Why would a plaintiff ask for a continuance?
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.
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What are good reasons to ask for a continuance?
Factors Considered When Requesting a Continuance Reason for Request: Personal emergencies, inability to obtain essential evidence, or lack of legal representation are common reasons.
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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 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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