Trial Continuance Without A Finding In Virginia
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FAQ
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.
Judges expect the party who is requesting a continuance to have been diligent in preparing for trial. If you have not made a reasonable effort to obtain replacement counsel, the judge may deny your continuance request.
You will need to file a written objection. Then the Judge will review and set it for a hearing if needed.
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.
A judge may deny a continuance when: the new evidence is reasonably related to evidence that the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence.
Disruption of Proceedings: A judge may deny the motion if granting it would disrupt the progress of the case, especially if the case is close to trial or other significant deadlines. Courts want to avoid delays that could prejudice the parties.
There is no set number because there are any number of reasons a continuance could be asked for.
Continuances requested without agreement of all parties may be granted only by a judge for good cause shown. Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days' notice to the Court and all parties and/or counsel of record.
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.
All motions, except motions for the qualification of attorneys at law to practice in this Court, shall be in writing and filed with the clerk of this Court. All motions shall contain a statement by the movant that the other parties to the appeal have been informed of the intended filing of the motion.
