This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without Evidence In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.)
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;
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
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.
Absolutely. You would just need to draft it and explain why you need the continuance.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
(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 ...
When writing your continuance letter, it's important to follow the proper format and structure. Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. A civil case may be continued due to a lack of evidence or witnesses. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
More info
If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. 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.The Judicial Council has created forms for requesting a continuance for restraining order cases. A Case Management Conference (CMC) is required before a date will be set for trial unless a judge decides it would not be helpful to have one. Explain why you need the hearing to be continued and how much time you need. Fill out the Motion for Continuance form in this packet. It should say why you need the continuance. If the parties are unable to resolve a discovery problem, one of the parties will have to file a motion asking that a Judge decide the issue. Fill out the Motion for Continuance form in this packet. Be permitted either to advance a contrary case to those other matters which is not already set out in the Particulars of Claim or to lead evidence at trial to.
