Motion For Continuance Virginia Without Trial

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

Description

The Motion for Continuance in Virginia without trial is a formal request to postpone court proceedings to a later date. This document is crucial for ensuring that legal representation can adequately prepare for the case. It requires the plaintiff to provide specific reasons for the requested delay, which must be articulated clearly within the motion. The form also includes a notice of motion that informs the opposing party of the scheduled hearing date and time for the motion. Completion and submission instructions include detailing the requested new trial date and filing the motion with the appropriate court. This form is beneficial for attorneys, partners, owners, associates, paralegals, and legal assistants who need to manage court schedules effectively. The ability to request a continuance can significantly impact case outcomes by allowing more preparation time or accommodating unforeseen circumstances, such as unavailability of key witnesses or legal counsel. Overall, this motion serves as a vital tool for ensuring fair trial procedures and adequate due process in legal proceedings.
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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.

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Motion For Continuance Virginia Without Trial