Trial Continuance Without Evidence In Chicago
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FAQ
Is there any civil rule or what law that governs asking for continuance 1. Medical condition; 2. Significant changes in the circumstances; 3. Scheduling conflict. 4. Lack of preparation.
What Is Considered a “Good Cause?” Either the defendant or prosecution needs more time to prepare for trial; The defendant became ill or experienced an unexpected life change; Witnesses cannot be tracked down or cannot attend the scheduled court date; The defendant needs more time to retain a lawyer;
Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation. How do I notify the court? You can notify the court by directly speaking to the court clerk or filing a motion for continuance before the hearing begins.
There is no set number because there are any number of reasons a continuance could be asked for. Trial Date #1: Prosecution asked to continue because the arresting officer is working an accident scene and cannot get to court.
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Absolutely. You would just need to draft it and explain why you need the continuance.
A judge may be reluctant to grant a continuance if the defense still has sufficient time to prepare, or if the evidence is related to evidence that had been disclosed to the defense.
