Fill and Sign the Motion Personal Injury Form

IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) MOTION TO CONTINUE NOW COMES ______________, Plaintiff, and files this her Motion for Continuance in the trial of this cause set for the ______ day of _____________, 20___, and in support thereof would show as follows, to-wit: 1. This cause is set for trial in this Court on the _____ day of _____________, 20___. 2. One of the witnesses for Plaintiff at the trial of this cause will be ________________, who was a passenger in the vehicle with the Plaintiff at the time of the automobile accident between Plaintiff and Defendant. 3. Plaintiff's witness cannot be located at this time, and it is probable that he will not be available to testify at trial on the _____ day of ____________, 20___. 4. ________________ is a material and necessary witness for the Plaintiff. There are no other witnesses known to the Plaintiff who can testify to the particular facts Plaintiff expects to prove by this absent witness. - 1 - 5. Plaintiff had no reason to believe this witness would not be available for trial, and in fact, fully expected him to be available at all times to prepare for trial and to testify at trial. 6. Through this absent witness, Plaintiff expects to prove facts showing the cause of the accident and facts concerning Plaintiff's physical condition both before and after the accident. 7. Plaintiff's Affidavit in support of this Motion is attached hereto as Exhibit "A" and is incorporated herein by reference. 8. This Motion is not being made for purposes of delay but so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays this Court will grant a continuance in the trial of this cause set for the ______ day of ____________, 20___. RESPECTFULLY SUBMITTED this the ____ day of ___________ 20___. ____________________________ By: _________________________ Plaintiff's Attorney - 2 - NOTICE OF MOTION TO: ____________________ PLEASE TAKE NOTICE that Plaintiff's Motion for Continuance will be heard before the Honorable ________________, Circuit Court Judge, on the _____ day of ____________, 20___, at ______ o'clock a.m./p.m. at the __________ County Circuit Courthouse, ___________, __________, or as soon thereafter as counsel may be heard. RESPECTFULLY SUBMITTED this the _____ day of _____________, 20___. ____________________________ By: _________________________ Plaintiff's Attorney CERTIFICATE OF SERVICE I, ______________, counsel of record for the Plaintiff, do hereby certify that I have this day delivered a true and correct copy of the above and foregoing Motion for Continuance and Notice of Motion to the following counsel of record for the Defendant: THIS, the _____ day of ___________, 20____. ____________________________ - 3 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) AFFIDAVIT OF ___________________ THIS DAY PERSONALLY APPEARED BEFORE ME, the undersigned legal authority in and for the jurisdiction aforesaid, the within named ___________________, who being by me first duly sworn, did state on her oath as follows, to-wit: 1. Affiant is the Plaintiff in the above-entitled cause of action. 2. This cause has been set for trial on the ______ day of ___________, 20___, in the Circuit Court of __________ County, __________. 3. One of the witnesses for Affiant at the trial of this cause will be ___________________ . This witness was a passenger in the vehicle with Affiant at the time of the automobile accident between Affiant and Defendant. 4. Affiant is unable to locate ___________________ at this time and does not believe ___________________ will be present to testify at trial. 5. Affiant expects to prove through the testimony of ___________________ certain facts concerning the cause of the accident. Affiant expects to prove through - 1 - __________________ testimony that the accident was caused by the negligent acts of the Defendant. ___________________ ’s testimony will also be used to show how Affiant’s physical condition was affected by the collision. 6. Affiant had advised ___________________ that the trial of this case would be held on the ______ day of ___________, 20___, and was assured by ___________________ that he would be available for trial. Affiant had no reason to expect this witness not to be available. However, since Plaintiff has not heard from this witness recently, she believes he may not appear in time for trial or in time to prepare adequately for trial. 7. ___________________ is a necessary and material witness, and Affiant cannot proceed to trial without his testimony. Affiant knows of no other witnesses who can testify to the same facts as this witness. 8. This witness is not absent by Affiant's consent, connivance, or procurement. 9. Affiant has used due diligence to procure the presence or ___________________ at trial. ___________________ has lived and worked in the State of __________ for some time and during said time has lived at several different addresses. Affiant does not know ___________________ ’s present address or present whereabouts at this time, but Affiant was advised by the witness that his family's permanent address is ____________________________. Affiant has attempted to telephone the witness in ____________, ___________, but has discovered that there is no telephone listing for ___________________ and has learned that there are no ___________________ listed on __________ in _________, ___________. A letter has been forwarded to the witness' address in _____________, ____________, requesting the witness to contact Affiant, but no reply has yet been received. 10. Affiant requests a continuance not for the purpose of delay but so that justice may be done. - 2 - And further Affiant saith not. ____________________________ SWORN TO AND SUBSCRIBED BEFORE ME, this the _____ day of __________, 20___. ____________________________ NOTARY PUBLIC My Commission Expires: _____________________ - 3 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) ORDER THIS CAUSE this date having come on for hearing in the above styled cause, and the Court, having considered this matter and having heard arguments of counsel, finds that the motion is well taken and should be sustained. IT IS THEREFORE, ORDERED AND ADJUDGED, that the trial of this cause set for the _____ day of ____________, 20___, is hereby continued and will be re-set on a date agreeable to the parties and this Court. ORDERED AND ADJUDGED this the _____ day of ___________, 20____. ____________________________ CIRCUIT JUDGE PRESENTED BY: _____________________ - 1 -