Trial Continuance Without A Trial In Utah
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FAQ
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.
Absolutely. You would just need to draft it and explain why you need the continuance.
Motions to reschedule a court date must be submitted at least 5 business days before the hearing is scheduled so parties can be informed of the new date. After you submit your motion for a new date, the Judge may still deny your motion so follow up with the court to find out if your motion was granted.
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.
__________ (Name), __________ (plaintiff or defendant) in the above-entitled and numbered action, moves the court for a continuance in this action until __________ (date), on the ground that __________ (plaintiff or defendant) will be unable to attend the trial due to the following facts: 1.
(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 ...
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
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 ...
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;
Yes, you can always ask for a continuance. However, it is within the judge's discretion as to whether or not to actually grant it. Typically judges are reasonably liberal with giving out continuances.
