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'In continuance' refers to a case that has been postponed or delayed for a specified period. During this time, the court may not take further action, allowing parties to prepare. This term is often seen in legal documents and notices. Understanding this concept is crucial when navigating the legal process.
What is a continuance? A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance.
If you just found out about a hearing, fill out a Motion for Continuance and Notice of Hearing form and bring it with you to the hearing. If you have time, send a copy of the motion to the other side. If the other side has a lawyer send it to the lawyer.
File the original Request for Continuance along with attachments (if any) and Affidavit of Service with court administration. Please note, there may be an initial filing fee if you have not filed into the case before. Contact court administration where the case is filed to see if there is any filing fee.
Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal. Rules of Ct., Rule 3.1332(c)(7)).
You Have a Health or Family Emergency If you have a minor cold and don't appear in court, that will obviously not be considered a valid excuse, but if you are in the hospital for a significant period of time or you can prove that you cannot safely attend your hearing, you can make your case to the judge.