Trial Continuance Without A Finding In Santa Clara
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FAQ
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.)
(1) A continuance may be granted only on a showing of good cause and only for the time shown to be necessary. Stipulation between counsel or parties and convenience of parties are not in and of themselves good cause.
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. Instead, it continues the case which will be dismissed upon completion of certain conditions.
Depending on the case type and court rules, you and the other party may have the option to enter into a written agreement known as a “Stipulation and Order” that may be filed with the court to change your court hearing date.
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 ...
Trials are continued for many reasons. Vacations, illnesses, unavailability of witnesses (especially expert witnesses), ongoing medical treatment, an agreement to attend mediation, etc. A common (but disfavored excuse) is the need to conduct additional discovery which could/should have been done previously.
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
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.
