Motion For Continuance Virginia Without Trial
Description
How to fill out Generic Motion For Continuance And Notice Of Motion?
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FAQ
The Clerk's Office will only grant a continuance in a civil case if both parties agree to the continuance. If either party is not in agreement, then the request must be submitted, in writing, to the Judge before the court date. The Court has drafted a Motion for Continuance form.
Definition of Good Cause: Good cause exists when the need for a continuance is unforeseen, is not due to a lack of preparation, is brought to the Court's attention in a timely manner, and does not unduly prejudice the opposing party. Posted service may be good cause.
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.
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)).
Continuances should not be granted except by, and at the discretion of, a judge for good cause shown, or unless otherwise provided by law. The judge may, by order, delegate to the clerk the power to grant continuances consented to by all parties under such circumstances as are set forth in the order.