Order For Continuance Of Trial Date In Massachusetts
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Common grounds asserted by counsel as a basis for a requested continuance are: Illness of the defendant or important witnesses or defense counsel, conflicting engagements of counsel, lack of time for preparation by counsel or prejudicial publicity or a combination of several of the factors.... 30 Mass.
To request a continuance regarding your DALA case, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. You can send your request by mail, fax, or e-mail.
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.
A party in a legal dispute typically requests a continuance in writing: they or their attorney must file a motion with the court.
Valid reasons could include medical emergencies or unforeseen scheduling conflicts. Absence of party. If a party involved in the case is unable to appear in court due to involuntary or uncontrollable circumstances, such as sudden illness, their counsel may request a continuance.
"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.
Rule 17 - Parties Plaintiff and Defendant: Capacity (a) Real Party in Interest. Except for any action brought under General Laws, chapter 152, section 15, every action shall be prosecuted in the name of the real party in interest.
If you are available on your court date but need more time to prepare, ask the judge or the court attorney for an adjournment. An adjournment means that your hearing will be rescheduled. If you cannot be in court on the assigned date, file an affidavit of unavailablity with the clerk.
Rule 17 - Summonses for Witnesses. (Applicable to District Court and Superior Court) (a) Summons. (1) For Attendance of Witness; Form; Issuance. A summons shall be issued by the clerk or any person so authorized by the General Laws.
