This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.
Motion for Continuance - Personal Injury
State:
Multi-State
Control #:
US-PI-0221
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Motion for Continuance in the context of personal injury law is a formal request submitted to the court to postpone a scheduled trial date. This motion typically arises when a party cannot proceed with the trial on the originally set date due to unforeseen circumstances, such as the unavailability of a critical witness. The intention behind this request is to ensure that all relevant evidence can be presented for a fair trial.
How to complete a form
Completing a Motion for Continuance involves several key steps:
- Specify the court's name and jurisdiction at the top of the form.
- Clearly identify yourself as the Petitioner/Plaintiff.
- State the current trial date and the reasons for requesting the continuance.
- Include relevant information about any witnesses and their unavailability.
- Attach an affidavit or supporting documents that bolster your request.
- Sign the motion and include the date.
Who should use this form
The Motion for Continuance should be used by parties involved in a personal injury lawsuit who find themselves unable to proceed to trial on the scheduled date. This could include plaintiffs who are awaiting critical witness testimony or those facing unforeseen circumstances, such as illness or scheduling conflicts. Understanding when to file this motion is vital for ensuring a fair trial process.
Key components of the form
Every Motion for Continuance should include the following key components:
- The court's name and case number.
- A statement summarizing the reason for the request.
- Details regarding the absent witness or critical evidence.
- Affidavit or declarations supporting the motion.
- Your signature and contact information.
Benefits of using this form online
Utilizing the Motion for Continuance form online provides several advantages:
- Convenience: Access and complete the form from any location without the need for physical paperwork.
- Efficiency: Reduce the chance of errors with guided instructions and corrections available during the completion process.
- Immediate submission: Submit your completed form electronically, potentially expediting the court process.
Common mistakes to avoid when using this form
When completing a Motion for Continuance, be aware of these common pitfalls:
- Failing to provide adequate justification for the continuance.
- Omitting important information about absent witnesses or evidence.
- Neglecting to attach the necessary supporting documentation.
- Submitting the form after the deadline imposed by the court.
What documents you may need alongside this one
When filing a Motion for Continuance, you might need to prepare and submit the following documents:
- An affidavit outlining the circumstances of the request.
- Any correspondence related to witness availability.
- Supporting documents that provide context to the reasons for the request.
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FAQ
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.
A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.