Trial Ask For Continuance In Michigan
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For good cause, the court assigned to hear the appeal may continue the trial. A request for a continuance may be presented by one party or by stipulation. The court may grant a continuance not to exceed 30 days, but in a case of extreme hardship the court may grant a continuance exceeding 30 days.
A judge may be reluctant to grant a continuance if the defense still has sufficient time to prepare, or if the evidence is related to evidence that had been disclosed to the defense.
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.
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.
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.
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;
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.
