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 San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
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 ...
You can do this in person, by phone or in writing. The Court will allow one continuance for arraignments or trials if the parties have waived their right to trial within time periods set by law. If your court date is for arraignment, you must ask for your continuance at least ten court days before that date.
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.
If the request is made less than 5 court days before the hearing on the Petition, an Ex Parte Application is required to seek a continuance, or the party may appear at the scheduled hearing and request a continuance.
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.
Explain why you need to change the court date in detail. If you have proof about why you need to change the date, attach a copy. A change isn't automatic. You need to convince the judge that postponing your case is necessary.
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.
For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date. “Good cause” means a very good reason for not being able to get ready for your case or go to your hearing on the schedule date.
(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 ...
You can ask for this in person at the hearing/trial date but less likely to be granted. Ultimately, it is up to the judge so put clear reasons why you need this continuance. If for example, it is to have time to get a lawyer, explain that and what efforts you have made to find a lawyer.
