This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Ask For Continuance In Massachusetts
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State:
Multi-State
Control #:
US-0004LTR
Format:
Word;
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FAQ
1. Medical condition; 2. Significant changes in the circumstances; 3. Scheduling conflict. 4. Lack of preparation. You must request a continuance at least 5 business days prior to the hearing (if you are doing this in writing); if you are planning to just call, you can do so no later than 2 days prior to the hearing.
A common claim for a continuance is the need of time to get a lawyer. If the case has been in litigation for some time or if a continuance has been granted before, the court may deny the request. When requesting a continuance to get a lawyer, it is important to show to the court the efforts made to get a lawyer.
If the request is made less than 5 court days before the hearing on the Petition, an Ex Parte Application is required to seek a continuance, or the party may appear at the scheduled hearing and request a continuance.
I would like this Court to continue the hearing because: EXPLAIN REASON. PETITIONER/PLAINTIFF, v. RESPONDENT/DEFENDANT. I RESPECTFULLY REQUEST that the Court grant my Request for Continuance.
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.
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.
Some typical grounds for a continuance motion include the unavailability of a witness; counsel's required presence in another court; illness of the defendant; prejudicial pretrial publicity; and an adequate opportunity to prepare the case, necessitated by such events as an amendment of the complaint, change of counsel, ...
Some of the reasons that might necessitate a continuance include: You need additional time to secure an attorney to represent you in court. You need more time to gather evidence because the other side has been stalling on discovery requests. You need more time to locate witnesses who are critical to your case.
Placed on file without a finding: A legal term used to describe the disposition or outcome of a case. It means you maintain your innocence or continue your not-guilty status for a period of time conditioned upon good behavior and possibly some other conditions.
More info
A continuance shall be granted only when based upon cause and only when necessary to insure that the interests of justice are served. Any request for a trial continuance shall be in the form of a written motion, with notice to all parties.A motion for the continuance of a trial, evidentiary hearing, or other proceeding will be granted only for good cause. Best to file this in writing with the clerk of the court AND send a copy to the other side. You fill out and file Small Claims form SC150. Look at the California Judicial Council forms and scroll down to Form SC - 150 (Request to Postpone Trial). To request a continuance of a hearing, the Judicial Council has created the FL-306 Request to. You need to ask the court for the continuance as soon as possible and provide as good a reason for the continuance as you can. There is no guarantee that the judge will grant your request for continuance at the hearing. If an individual violates probation, the probation officer will file a motion to revoke the CWOF and the case will proceed to a guilty finding.
