This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Ask For Continuance In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Additional Resources: Rule 3.1332(c) of the California Rules of Court allows the judge to grant a continuance before or during a trial only on an affirmative showing of good cause requiring the continuance.
Primary tabs. Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
You absolutely can appear in court and inform them that you were unable to properly serve, and ask for a formal 'continuance' (delay) asking for more time to find the defendant. If this is a first time, judges tend to allow such a delay if it is not too long.
Request for continuance must explain the reason or reasons that the conference should be continued and must indicate that the requesting party has conferred with opposing counsel or self-represented party, if any, and indicate what the position is of such counsel or party with regard to the request.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
Judges do not grant continuances for no reason as the need for efficiency and giving a speedy trial go against the use of continuances. In a variety of circumstances, however, parties have a legitimate need to have more time before proceedings such as when new evidence is discovered or a witness needs to be found.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
More info
The case is set for settlement conference, long-cause hearing, or trial as follows: a. Settlement conference is set on (date): at (time): in Dept.An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. If you decide to accept a plea bargain, you will be asked to give up your right to have a jury trial. I submitted a request to be excused due to undue hardship based on this rule: "The prospective juror must travel an excessive distance. I need to prepare a stipulation for Alameda County Superior Court to change the date of a motion. Is there a form for this? There is no simple "form" for this purpose. Your attorney may request continuance, with valid support, on your behalf. Starting Monday, all attorneys filing cases in family law, probate, mental health, and adoption must electronically file their documents.
