This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
In most jurisdictions, there is no strict limit on the number of times a trial date can be postponed. However, judges generally prefer to see a valid reason for each request, and multiple requests may be granted or denied based on the judge's discretion.
Prepare the Motion: Write a formal motion for a continuance, clearly stating the reasons why you need the case to be postponed. Be specific about the circumstances that make it impossible or impractical for you to appear in court on the scheduled date.
There is no magic number of times you can ask. It depends on the judge and the reason for the request. You can't keep going to court asking for a continuance for the same reason over and over again.
I am requesting a continuance until after (provide a date when your scheduling issue will be resolved) when this scheduling conflict will be resolved. Thank you for your attention to this matter. The rules and procedures regarding requesting a continuance can vary depending on state and local rules.
There is no magic number. However, the more times you ask, the better your reason for asking should be. Judges like cases decided on the merits and not due to outside circumstances or on procedural missteps. However, judges also like to move cases off of their docket and do not have infinite patience.
An adjournment may only be granted by the judge presiding at the time of the hearing. You can not call the court clerk for this purpose because the clerk is not permitted to grant adjournments. To get an adjournment, you should appear at the hearing at the appointed time.
Ask at least 10 days before the court date if possible Generally, you can turn in a form to ask for a new court date and the court will make a decision and mail it to you. If the court date is less than 10 days away, though, you'll need to explain on the form why you waited so long to ask.
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
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 ...