Alaska Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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Multi-State
Control #:
US-MOT-01427
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Word; 
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This is a multi-state form covering the subject matter of the title.

In Alaska, a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal process used to request a postponement of a trial or a motion for summary judgment. This detailed description will provide an overview of this type of motion and its variations. A Motion for Continuance to Complete Discovery is filed when one party requests more time to gather all the necessary evidence and information through the process of discovery. Discovery is a legal procedure where both parties exchange relevant documents, investigate facts, and interview witnesses. By filing this motion, the party notifies the court that they need additional time to conduct a thorough investigation to properly prepare for trial. In some cases, a party may also request a Motion for Continuance of Summary Judgment Motion. Summary judgment is a decision made by the court, without going to trial, based solely on the presented evidence. This type of motion is usually filed when one party believes that there is no genuine dispute of material facts and that they are entitled to judgment as a matter of law. By filing a continuance of the summary judgment motion, the party seeks additional time to gather evidence or conduct further legal research, aiming to strengthen their arguments or present additional facts that may impact the court's decision. Different variations of Alaska Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion may include: 1. Emergency Motion for Continuance to Complete Discovery: This type of motion is filed when circumstances arise that require immediate attention from the court, such as the unexpected unavailability of a key witness or the discovery of new critical evidence shortly before trial. 2. Cross-Motion for Continuance of Summary Judgment Motion: In some instances, both parties may file independent motions for a continuance of summary judgment. This occurs when both sides believe that they need additional time to present their arguments or gather evidence, potentially leading to a more fair and thorough judgment. 3. Motion for Continuance due to Unforeseen Delays: If unforeseen events, such as natural disasters, illness, or other emergencies, disrupt the normal course of proceedings and prevent one party from completing discovery or responding to a summary judgment motion, this motion can be used to request an extension. It is important to note that the specific rules and procedures for filing these motions may vary depending on the jurisdiction in Alaska. Parties should consult the relevant court rules, local practices, and seek legal advice to ensure compliance with the appropriate requirements.

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The Rule 45 commencement date for a new charge arising out of the same criminal episode shall be the same as the commencement date for the original charge, unless the evidence on which the new charge is based was not available to the prosecution on the commencement date for the original charge.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

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.

Rule 11 - Signing of Pleadings, Motions, and Other Papers (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented.

On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.

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 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.

Rule 40 - Time (a)Computation. Except as otherwise specifically provided in these rules, in computing any period of time, the day of the act or event from which the designated period of time begins to run is not to be included.

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decision granting a motion for summary judgment is not a final judgment ... (1) The judgment creditor shall file a motion supported by affidavit with the ... To file a motion, do the following: 1. Fill out and sign the Motion form ... Example: motions that will end the case (motions to dismiss, motions for summary ...(2) if a party seeks to address two motions in a single filing (e.g., an opposition to summary judgment and a cross-motion for summary judgment), a separate ... (2) No unopposed motion for summary judgment will be granted unless the court is satisfied that there are no disputed issues of material fact and that the ... Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that ... Mar 28, 2016 — A party (or parties) requesting an extension, continuance, or stay must file a motion in writing. ... complete the action “out-of-time,” stating ... (e)Continuances.* (1) All cases set for trial shall be heard on the date set unless the same are continued by order of the court for cause shown. The presiding ... Sep 29, 2021 — When opposing a motion for summary judgment, seeking a continuance to conduct additional discovery should always be considered. The time must be sufficiently before trial to provide a fair opportunity for the defendant to meet the government's evidence. (iii) Contents of the Disclosure. Trial counsel must (a) object to the lack of discovery and raise the due process issue based on both opportunity to rebut adverse allegations and effective ...

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Alaska Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion