Trial Ask For Continuance In Miami-Dade
Description
Form popularity
FAQ
And even the courts closing due to bad weather. Each of these reasons can lead to a continuence.MoreAnd even the courts closing due to bad weather. Each of these reasons can lead to a continuence. Which is essentially a postponement of the trial.
Judges have wide discretion to grant and deny continuances. Some judges routinely grant requests from all lawyers. Others may be reluctant if they believe there is not a good reason for delay. Some judges can be very tough with continuances, and may refuse most requests.
Judge might deny it because it's becoming an older case and needs to be moved along, especially as it nears 5 years. Judge might want an explanation if trial has been set for many months and you show up weeks before asking to continue the trial without explaining.
How Many Continuances Are Allowed? 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.
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.
Postponements are requested for any number of reasons: vacation, scheduling conflict, specialist appointments, not ready, missing documents, payment, non-payment, etc., etc., etc., What is important is that the judge did not accept the reason for the continuance and denied the request.
The continuence might be longer this allows both parties adequate time to prepare their casesMoreThe continuence might be longer this allows both parties adequate time to prepare their cases properly.
You will need to file a written objection. Then the Judge will review and set it for a hearing if needed.
Common examples of reasons to request continuance include: Service of process not made upon a defendant. In civil cases, all defendants must be adequately served with legal documents.
If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance.
