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Video instructions and help with filling out and completing Filing A Motion For Continuance Form
Instructions and help about Filing A Motion For Continuance
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People also ask
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What happens after you file a 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 file a motion for continuance?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could signNowly impact the outcome of the case.
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How to write a motion for continuance?
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ☐ DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
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When should you ask for a continuance?
What are considered to be acceptable reason for a continuance 1. Not having an attorney or not having had the time to look for an attorney. 2. Illness of party or attorney. 3. Attorney having an unexpected event occur in another case that would cause them to be unable to attend. 4. Family emergency. 5.
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Is a continuance a good thing?
Lawyers typically seek continuances because they want more time to prepare for trial. Common reasons for a continuance include time to secure a witness or new counsel, time to review new evidence, or lack of preparation time due to other client obligations or case complexities.
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Can a motion for continuance be denied?
In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case. We naturally like this ruling, as it reverses Ferrer, a favorite DA case barring such a 1050 denial.
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Why would a motion for continuance be denied?
1. Medical condition; 2. signNow changes in the circumstances; 3. Scheduling conflict. 4. Lack of preparation. You must request a continuance at least 5 business days prior to the hearing (if you are doing this in writing); if you are planning to just call, you can do so no later than 2 days prior to the hearing.
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Do both parties have to agree to a continuance?
Sometimes, a continuance can be agreed upon by both parties, which makes it more likely that the court will grant the continuance request. If the other side does not agree to a continuance, then you will need to convince the judge.
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