Trial Continuance Without A Finding In Oakland

State:
Multi-State
County:
Oakland
Control #:
US-0004LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

When writing your continuance letter, it's important to follow the proper format and structure. 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.

Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. A civil case may be continued due to a lack of evidence or witnesses. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.

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.

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.

Written Motion: Most courts require a written motion for a continuance. This document should include your name, the case number, the current hearing date, and the reason for the request. It should be clear, concise, and respectful in tone. Propose a New Date: If possible, suggest a new date for the hearing.

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 ...

Absolutely. You would just need to draft it and explain why you need the continuance.

(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 ...

The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.

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Trial Continuance Without A Finding In Oakland