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.
Generally, you must ask the court in writing to give you a continuance. This means filing a pleading or some other written statement in court asking for a continuance.
A continuance of any type of hearing must be requested by: Filing a motion to continue with the Clerk before the hearing; or, Making a motion to continue at the hearing. Agreed motions to continue must be filed or made in the same manner.
If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the ...
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings (A) When presented. The time allowed for the presentation of defenses and objections in a motion or responsive pleading shall be computed pursuant to the provisions of Rule 6(C). (B) How presented.