Order For Continuance Of Trial Date In Allegheny
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A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
A judge may deny a continuance when: the new evidence is reasonably related to evidence that the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence.
Some of the reasons that might necessitate a continuance include: You need additional time to secure an attorney to represent you in court. You need more time to gather evidence because the other side has been stalling on discovery requests. You need more time to locate witnesses who are critical to your case.
Valid reasons could include medical emergencies or unforeseen scheduling conflicts. Absence of party. If a party involved in the case is unable to appear in court due to involuntary or uncontrollable circumstances, such as sudden illness, their counsel may request a continuance.
Continuance requests must be in writing. All continuances must be received at least 2 business days prior to the Trial or Hearing. (Witnesses, who are required to attend by subpoena, must make their request through the party for whom they are testifying.)
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.
The continuence might be longer this allows both parties adequate time to prepare their casesMoreThe continuence might be longer this allows both parties adequate time to prepare their cases properly.
Pursuant to Pennsylvania Rule of Criminal Procedure 106(C), a motion for a continuance on behalf of a defendant must be made at least 48 hours prior to the time scheduled for the Summary Appeal Hearing. A request by a defendant made within 48 hours of the time set for the hearing will not be considered.
If you miss your court date in Pennsylvania you may be able to simply reschedule the hearing or the offense may lead to additional charges and penalties.
You can file a written request or motion justifying the need for a continuance that may be granted or denied. You will need to contact the other party to see if they are willing to agree to the continuance, which will enhance your ability to get the continuance.
