This form is a sample letter in Word format covering the subject matter of the title of the form.
Order For Continuance Of Trial Date In New York
Category:
State:
Multi-State
Control #:
US-0004LTR
Format:
Word;
Rich Text
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Description
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FAQ
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 “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.
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.
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.
And whether the delay has caused any prejudice to the defendant. Such as a witness becomingMoreAnd whether the delay has caused any prejudice to the defendant. Such as a witness becoming unavailable or memories fading over time in some cases the postponements.
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.
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.
Court is not an appointment that can be missed or rescheduled. If you miss your court date (including being late) there could be serious consequences – your case could be dismissed or the court could enter a judgment against you. If you have a serious reason why you can't go to court, you must request an adjournment.
(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 ...
