Louisiana Motion For Continuance With Motion

State:
Multi-State
Control #:
US-01071BG
Format:
Word; 
Rich Text
Instant download

Description

The Louisiana Motion for Continuance is a legal form used to request a postponement of a scheduled court trial. This document must include essential details such as the case title, cause number, the date of the originally scheduled trial, and the grounds for requesting the continuance. The motion also requires a statement of intent to provide an affidavit supporting the request. The form is designed to be straightforward, enabling attorneys to efficiently submit the necessary information to the court. Utility for the target audience is significant, as it aids attorneys, partners, owners, associates, paralegals, and legal assistants in filing motions to delay court proceedings for valid reasons, ensuring compliance with procedural timelines. Users should fill in specific fields with case details and attach any required documents. It can be particularly useful in situations requiring additional preparation time or unforeseen scheduling conflicts. Sections for notice of the motion and certificate of service ensure all parties are informed, promoting transparency in legal proceedings.
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FAQ

Only the court can grant a continuance of a hearing. The court cannot do this until the defendant makes a formal written request. A defendant who wants or needs to reschedule a hearing needs to make a formal request to the court and provide a copy of that request to the District Attorney's Office.

Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal. Rules of Ct., Rule 3.1332(c)(7)).

If you can't find an attorney to prepare a response in time, you can ask the court for more time. This is done by a motion for extension of time to respond. If the judge grants this motion, you can get up to 30 extra days to respond to the suit.

A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.

Obviously if you have a medical emergency and in the hospital that could very well grant you a continuance. But there's not a lot of valid reasons to miss a court date. But if you think you have a reason, notify the clerk as soon as possible.

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Louisiana Motion For Continuance With Motion