This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without A Trial In Arizona
Category:
State:
Multi-State
Control #:
US-0004LTR
Format:
Word;
Rich Text
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Description
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FAQ
Please contact the court prior to your court date if you need to reschedule your arraignment. Requests for continuances (Motion to Continue) for all other hearings must be made in writing no later than five days prior to the scheduled hearing.
A party in a legal dispute typically requests a continuance in writing: they or their attorney must file a motion with the court. This is almost always done well in advance of the actual trial date.
Judges have wide discretion to grant and deny continuances. Some judges routinely grant requests from all lawyers. Others may be reluctant if they believe there is not a good reason for delay. Some judges can be very tough with continuances, and may refuse most requests.
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.
Arizona's Rule 11 of the Arizona Rules of Criminal Procedure is in place for defendants with mental disabilities, handicaps, or other similar psychological or neurological conditions that prevent a standard court of law from having due process from being tried or punished.
If you're in an emergency. Situation you might be able to file an exparte. Application.MoreIf you're in an emergency. Situation you might be able to file an exparte. Application.
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.
A request for continuance must be made no less than five (5) days prior to the scheduled hearing date and shall not be granted absent a showing of good cause. Good cause includes, but is not limited to, scheduling conflicts and unavailability of witnesses.
Arizona has some of the most restrictive sentencing laws in the country, with every person who is incarcerated required to serve a minimum 85 percent of his or her sentence— regardless of good behavior.
Right to a Jury Trial; Waiver. (a) Right Preserved. The right of trial by jury is preserved to the parties inviolate.
