Alaska Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case

State:
Multi-State
Control #:
US-0369LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, Zip Code] Re: Plaintiff's Motion to Continue This Action as a Pending Case Dear Honorable Judge [Judge's Last Name], I, [Your Name], the plaintiff in the above-mentioned case, am I writing to respectfully request that the court grant a continuance for this action as a pending case, pursuant to [cite applicable rule or statute here, if any]. Background: Outline the background of the case, including the parties involved and the nature of the dispute in a concise and objective manner. Reasons for the Motion: 1. Complexity: Describe the complexity of the case and provide specific examples where necessary. Detail any complex legal issues, numerous parties involved, intricate factual circumstances, or any other factors that contribute to the complexity of the case. Keywords: Alaska civil litigation, complex legal issues, multi-party case, intricate factual circumstances 2. Counsel Availability: Explain any conflicts or unavailability of counsel that necessitates a continuance. If there is an upcoming trial or other commitments that overlap with this case, provide the dates and reasons for the conflict. Keywords: Scheduling conflicts, unavailability of counsel, simultaneous trials 3. Discovery: Elaborate on any ongoing or outstanding discovery matters that require additional time. Highlight the importance of conducting a thorough discovery process in order to ensure a fair and just resolution of the case. Keywords: Ongoing discovery, outstanding motions, fair resolution, just outcome 4. Expert Witnesses: If expert witnesses are involved, discuss the need for additional time to coordinate their schedules or to allow for their reports to be finalized. Keywords: Expert witness coordination, finalizing reports, coordinating schedules 5. Settlement Negotiations: If settlement negotiations are actively taking place, discuss the importance of allowing this meaningful discussion to continue without imposing unnecessary pressure on the parties to reach a premature resolution. Keywords: Active settlement negotiations, meaningful discussion, premature resolution 6. Court Congestion: If the court's docket is excessively congested, mention this as a reason for needing a continuance. Emphasize the need for adequate time to present the case effectively and ensure a fair trial. Keywords: Excessive court congestion, adequate time for trial, fair trial Conclusion: In conclusion, the aforementioned reasons demonstrate the necessity of granting a continuance for this action as a pending case. Granting this request will serve the interests of justice by allowing the parties to adequately prepare and present their cases. Additionally, it will contribute to an efficient and fair litigation process. I appreciate the court's attention to this matter and kindly request the opportunity to present this argument during the scheduled hearing. Thank you for your time and consideration. Sincerely, [Your Name]

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FAQ

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

Rule 45(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) Speedy Trial Time Limits. A defendant charged with a felony, a 10 misdemeanor, or a violation shall be tried within 70 [120] days from the time set forth 11 in paragraph (c) of this rule.

Rule 69 - Execution-Examination of Judgment Debtor-Restraining Disposition of Property- Execution After Five Years (a)Execution -- Discovery. Process to enforce a judgment shall be by a writ of execution, unless the court directs otherwise.

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

If the person released on bail on the giving or pledging of security fails to appear before a court or a judicial officer as required, the judge or magistrate judge before whom the person released was to appear shall forfeit the security.

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Alaska Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case