This form is a sample letter in Word format covering the subject matter of the title of the form.
Order For Continuance Of Trial Date In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
In most U.S. jurisdictions, a writ of mandamus or other similar appeal is how a party may compel a court to rule on a pending motion.
Bringing a motion by notice usually gives the other side weeks to respond and sets no real deadline for the court to make a decision. If the movant cannot wait weeks, she may submit an order to show cause, asking the court to set tight deadlines for a response and to make a decision.
How to Fill Out an Order to Show Cause Write the county name. Write the Article for your case type. Write the name(s) of the petitioner(s). Write the name(s) of the respondent(s). Write the docket number, if it exists. Write your name. Write the date you signed the affidavit. Write the month you signed the affidavit.
Similar variation across courts was seen in motions to dismiss and motions for summary judgment. Across all cases, the mean time to rule on Rule 12 motions was almost 130 days, but when broken down by district the mean time varied from 63 days in the fastest court to 176 days in the slowest court.
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
An objection to a continuance should be clear and positive, though no particular form of words is required. Words such as “I object,” or “We want it tried,” are clear enough. Expressions such as “Well, we leave it up to the court,” or “I cannot consent,” are equivocal, and will not be taken as objections.
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.
