This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without Evidence In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
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.
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.
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;
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.
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
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.
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 ...
More info
Police officers and prosecutors work closely in order to put together a well-prepared case for court. Before you file a claim, you should contact the person or business you plan to sue and attempt to settle your dispute.Counsel is required to notify Pro Se parties. • Complete this form in its entirety. Filing a Motion for Continuance does not mean that it will be granted. Continuances may be denied. This guide is designed to help anyone who is suing or being sued in small claims court. Discovery is a legal tool each party can use to strengthen their case. Through discovery you may receive new information and documents.
