Trial Continuance Without A Trial In Los Angeles
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FAQ
Judges do not grant continuances for no reason as the need for efficiency and giving a speedy trial go against the use of continuances. In a variety of circumstances, however, parties have a legitimate need to have more time before proceedings such as when new evidence is discovered or a witness needs to be found.
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 ...
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.
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
You absolutely can appear in court and inform them that you were unable to properly serve, and ask for a formal 'continuance' (delay) asking for more time to find the defendant. If this is a first time, judges tend to allow such a delay if it is not too long.
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 ...
Written Motion: Most courts require a written motion for a continuance. This document should include your name, the case number, the current hearing date, and the reason for the request. It should be clear, concise, and respectful in tone. Propose a New Date: If possible, suggest a new date for the hearing.
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.
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.
