Trial Continuance Without A Trial In Ohio
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FAQ
Absolutely. You would just need to draft it and explain why you need the continuance.
A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
Rule 56 - Continuances (A) Motions for continuance shall be submitted in writing with the proper caption and case number. (B) Except on motion of the court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or the party's counsel.
Some of the reasons that might necessitate a continuance include: You need additional time to secure an attorney to represent you in court. You need more time to gather evidence because the other side has been stalling on discovery requests. You need more time to locate witnesses who are critical to your case.
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding.
A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial.
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.
First, there is no legal reason why you cannot name more than one person as your power of attorney - you can name 10 people if you want. The real question is, should you name more than one person? The answer is generally no unless you have a specific reason and consider the potential problems.
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. (The judge could also reprimand the lawyer.)
Denials and Re-Applications for Judicial Release in Ohio However, motions denied after a hearing are always denied “with prejudice.” This means you may not file another judicial release motion.
