Motion For Continuance Virginia Withholding

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Multi-State
Control #:
US-01071BG
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Word; 
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Description

The Motion for Continuance form is a legal document utilized in Virginia courts to request a postponement of a scheduled trial date. It allows the plaintiff to formally present their reasons for seeking the continuance, which must be filed with the court and served to opposing counsel. The form consists of sections for detailing the grounds for the request, notifying the court of the proposed new trial date, and certifying service to the defendant's counsel. Users are instructed to clearly articulate the reasons for the continuance in the designated area while ensuring that all necessary parties are notified. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to manage case timelines effectively. It supports legal professionals in ensuring compliance with court procedures while facilitating communication between parties involved in litigation. The document can be edited to fit specific case details, including the names of involved parties and the new hearing date.
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FAQ

Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).

A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. The motion shall state all of the facts that the movant contends entitle the movant to a continuance.

Continuances are filed in person, by phone, or by email. The clerk's office will process a first continuance request. All second and subsequent requests will be reviewed by a Judge. For serious misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.

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.

A hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment.

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Motion For Continuance Virginia Withholding