This is a sample motion to continue a trial date alleging no prejudice to the defendant.
This is a sample motion to continue a trial date alleging no prejudice to the defendant.
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Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
A Motion for Continuance should be made as soon as the party learns of a conflict. Attempts should be made to change the date with the consent of the other party before the motion is filed. The closer it is to the hearing date the more difficult it is to get a continuance.
A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. The motion shall state all of the facts that the movant contends entitle the movant to a continuance.
? Rule 8.255(f) allows the court to grant a continuance before or during a hearing on a showing of good cause. Continuances and extensions of time are limited to the number of days absolutely necessary to complete a task in order to preserve the best interests of a child or the rights of a party.
A motion must include ? in a single document no longer than twenty-five pages inclusive of all parts ? a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request.