Trial Continuance Without Evidence In Bexar
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FAQ
Judges expect the party who is requesting a continuance to have been diligent in preparing for trial. If you have not made a reasonable effort to obtain replacement counsel, the judge may deny your continuance request.
If the defense is asking for continuances, he would be expected to provide the judge with a good reason for it Without a good reason, the judge won't grant it. With a valid reason, one side or the other can almost always get a continuance. There's no set amount of continuances that can be obtained.
The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.
Lawyers and clients frequently want continuances to prepare their cases, but they don't always get them. If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance.
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.
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date.
Sometimes, a continuance can be agreed upon by both parties, which makes it more likely that the court will grant the continuance request. If the other side does not agree to a continuance, then you will need to convince the judge.
When a motion to continue is denied, the judge often concludes that the requesting party has not made enough effort to handle the case within the original parameters. If many continuances are granted on the same case, the judge may also become suspicious about the intentions of the delay.
The request must be in writing, but it does not have to be a sworn affidavit. It must state fully the reason or cause for the motion. The judge determines if the motion contains sufficient cause to grant a continuance. This type of continuance may be only for as long as is necessary.
Bexar County, Texas contains twenty-seven judicial districts, two probate courts, one county court, and fifteen county courts at law.
