A motion for trial continuance in the context of personal injury in Alaska refers to a request made by either the plaintiff or defendant in a lawsuit to postpone the scheduled trial date. This motion is typically filed to allow the parties involved to adequately prepare their case or gather additional evidence necessary for trial. Keywords: Alaska, motion for trial continuance, personal injury, lawsuit, postpone, scheduled trial date, prepare case, gather evidence. There are several types of motions for trial continuance that can be filed in Alaska, specifically in personal injury cases, depending on the circumstances: 1. Extension of Time: This type of motion requests a limited extension of the court-ordered deadlines for filing various documents, such as witness lists, exhibit lists, or expert reports. It is usually filed when the parties need more time to gather and organize evidence or find expert witnesses. 2. Discovery Continuance: A discovery continuance motion is filed when one party requires additional time to complete the discovery process. Discovery involves the exchange of relevant information, such as documents, witness interviews, depositions, and interrogatories. This motion may be granted if there is a need for further investigation or the discovery process has been delayed or obstructed in some way. 3. Continuance Due to Illness or Injury: If a party's counsel or a key witness in a personal injury case becomes seriously ill or injured, a motion can be filed to request a continuance. This type of motion is necessary to ensure that the affected party can adequately represent their interests at trial or to provide sufficient time for the recovery of a crucial witness. 4. Settlement Negotiation Continuance: Sometimes, during the course of a personal injury lawsuit, the parties may engage in settlement negotiations. If both parties are actively involved in fruitful negotiations, they may jointly request a continuance to allow further time to finalize a settlement agreement without proceeding to trial. 5. Continuance for Trial Preparation: This type of motion is commonly filed when one party requires additional time to thoroughly prepare their case for trial. It may be requested if new evidence emerges, further investigation is necessary, or unforeseen circumstances arise, such as the unavailability of an essential expert witness or attorney. It is important to note that each type of motion for trial continuance in Alaska requires a strong justification and supporting evidence to convince the court that a delay is necessary for the proper administration of justice and to protect the rights of all parties involved.
Alaska Motion for Trial Continuance - Personal Injury
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Rule 25 - Substitution of Parties (a)Death. If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.
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.
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.
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 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 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.
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 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.