Trial Continuance Without Notice In Arizona
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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.
Rule 38.1 - Application for a Suspension Order (a) Generally. After filing a complaint, indictment, or information, but before adjudication, the State may file a motion requesting that the court suspend further proceedings to allow a defendant to participate in a deferred prosecution program.
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.
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment. (3) direct the entry of judgment as a matter of law.
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 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.
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.
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.
If you missed a court date and would like to reschedule, you can place your matter back on calendar by contacting the Clerk's Office at the courthouse where your case was heard. You may go in person, or call.
