Trial Continuance Without A Trial In Tarrant
Description
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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 will give the court the reason why you are asking for the change. Sign and date the form. Enter your printed name, your address, telephone number, and your email address. Enter the date the matter is currently scheduled for.
Motions for continuance need to be verified, should be filed early, and should state that the client consents to the requested continuance. The more detail in your motion, the better the chance that it will be granted.
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.
What Is Considered a “Good Cause?” Either the defendant or prosecution needs more time to prepare for trial; The defendant became ill or experienced an unexpected life change; Witnesses cannot be tracked down or cannot attend the scheduled court date; The defendant needs more time to retain a lawyer;
Motions for continuance or to extend time shall be filed no later than five days before the date of the proceeding or deadline at issue or shall state good cause for presenting the motion after that time.
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.
The request must be in writing, but it does not have to be a sworn affidavit. It must state fully the reason or cause for the motion. The judge determines if the motion contains sufficient cause to grant a continuance. This type of continuance may be only for as long as is necessary.
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.
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.
