Continuance Of Trial Date In Nevada
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FAQ
The length of the continuance depends on the situation and generally can be no longer than is “necessary.” A defendant might ask for several months to prepare for trial. But if a witness gets sick, a continuance of a few days might suffice.
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 ...
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.
Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.
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.
The court may consider rehearing in the following circumstances: (1) When the court has overlooked or misapprehended a material fact in the record or a material question of law in the case, (2) When the court has overlooked, misapplied, or failed to consider a statute, procedural rule, regulation or decision directly ...
You should contact your attorney immediately to have your case re-calendared. If you do not have an attorney, you will need to file a motion to place on calendar with the court.
About as many times as there is a good reason to do so.
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.
