Continuance For Trial In Contra Costa
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Or if witnesses are not available the court might grant a postponement. One there is a generalMoreOr if witnesses are not available the court might grant a postponement. One there is a general understanding that a court case should not be postponed for more than about 8.
You may postpone your jury service two times within one year from your initial report date. You may request postponement of your jury service online after submitting your online questionnaire. If you have already postponed your jury service two times, you may not request an additional postponement.
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 is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
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.
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
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 ...
(1) A continuance may be granted only on a showing of good cause and only for the time shown to be necessary. Stipulation between counsel or parties and convenience of parties are not in and of themselves good cause.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
(This order is actually limited to five years.) Evidence will be presented to a judge by both sides, without a jury, and based on this the judge will decide whether to issue the Restraining Order.
