Continuance Of Trial Date In Clark

State:
Multi-State
County:
Clark
Control #:
US-0004LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

Trials are continued for many reasons. Vacations, illnesses, unavailability of witnesses (especially expert witnesses), ongoing medical treatment, an agreement to attend mediation, etc. A common (but disfavored excuse) is the need to conduct additional discovery which could/should have been done previously.

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;

The length of the continuance depends on the situation and generally can be no longer than is “necessary.” A defendant might ask for several months to prepare for trial. But if a witness gets sick, a continuance of a few days might suffice.

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.

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence.

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 ...

A continuance may give you the time needed to secure your testimony. For example, consider you're charged with a serious crime, but a critical expert witness is unexpectedly unavailable. If that expert's testimony is essential to your defense, your attorney may request a continuance to ensure they can testify later.

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

If you would like to reschedule a court hearing because you are unable to appear, you must file a written request for a continuance with the court 5 days in advance. You must also send a copy of your written request to the other party. A judge will review your request.

If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date. Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date.

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Continuance Of Trial Date In Clark