Trial Ask For Continuance In Virginia
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Valid reasons could include medical emergencies or unforeseen scheduling conflicts. Absence of party. If a party involved in the case is unable to appear in court due to involuntary or uncontrollable circumstances, such as sudden illness, their counsel may request a continuance.
If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance.
Continuances should not be granted except by, and at the discretion of, a judge for good cause shown, or unless otherwise provided by law. The judge may, by order, delegate to the clerk the power to grant continuances consented to by all parties under such circumstances as are set forth in the order.
I would like this Court to continue the hearing because: EXPLAIN REASON. PETITIONER/PLAINTIFF, v. RESPONDENT/DEFENDANT. I RESPECTFULLY REQUEST that the Court grant my Request for 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.
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.
All civil continuance requests must be submitted in writing. The court's Request for Court Action Form is available to use for continuance requests. The continuance date must be an available date provided by the clerk's office. Continuance requests should be made as far in advance as possible.
Grounds for Continuances Generally Deemed Sufficient facts or circumstances arising or becoming apparent too late in the proceedings to be fully corrected and which, in the view of the Court, would likely cause undue hardship or possibly miscarriage of justice if the trial is required to proceed as scheduled.
