Order For Continuance Of Trial Date In North Carolina
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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.
Your court date can be changed by the Clerk's office only in limited circumstances. In many cases, you may be required to appear before the judge to request a continuance.
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.
You should file an appropriate motion requesting a continuance with your reason to reschedule with the Clerk of Courts and with the State Attorney's office. You then should schedule a hearing prior to your court date with the Judge's Judicial assistant.
Requests for continuances that are made after 90 days from the first calendaring before a judge shall only be granted for extraordinary cause. Rulings on any request for continuance made on the day of court the case is calendared shall be the responsibility of the presiding trial judge of that court.
Following the opening of Court for the session in which the case is calendared, any application for continuance shall be made to the Presiding Judge of the Court in which the case is calendared. All applications for continuance shall be by written motion made on state form, AOC-CR- 410.
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
Continuances: Your court date can be changed by the Clerk's office only in limited circumstances. In many cases, you may be required to appear before the judge to request a continuance.
Superior Court Division Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.
The North Carolina district courts are courts at the trial level in North Carolina. ing to the court website, the court tries cases involving civil, criminal, juvenile, and magistrate matters. The district courts are split into 43 districts across the state.
