Motion Time Form With Date In North Carolina
Description
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FAQ
In most cases, a motion for an extension of up to 30 days for the court reporter to deliver the transcript per Rule 7 or a motion for an extension of up to 30 days to serve the proposed record on appeal is made in the trial court and can be made orally or in writing and without notice to other parties. N.C. R. App. P.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.
I missed my court date? What do I do? You may contact the clerk of court's office of the county in which you were charged to ask about the local procedure for having your case rescheduled. If you are represented by counsel, you also may contact your attorney.
You may contact the clerk of court's office of the county in which you were charged to ask about the local procedure for having your case rescheduled. If you are represented by counsel, you also may contact your attorney.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
If you do not take care of an FTA, the court can issue a warrant for your arrest. A Failure to Appear is a serious offense. You could face up to 120 days of jail time and/or a $200 fine if convicted.
As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.
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.
Things You Should Know Title your motion and identify yourself in the introduction. Write your legal argument by stating the rule and explaining how your facts apply to it. File your motion with the clerk of court overseeing your case.
