Alabama Motion for Continuance

State:
Multi-State
Control #:
US-00872
Format:
Word; 
Rich Text
Instant download

Description

This is a Defendant's Motion for Continuance. This is used to postpone the original court date. It may be modified to suit your particular needs.
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FAQ

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 ...

It primarily depends on the jurisdiction you are in. The procedural law and the actual process of court proceeding determine how long a case lasts. Depending on jurisdiction, a case can even last over 2 years in just the court of first instance. But of course, in cases like writ, it can be over in matter of minutes.

Parties may obtain discovery regarding any matter, not privileged, which is: (i) relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party; and (ii) proportional to the needs of the case, ...

(a) RIGHT TO TRIAL BY JURY. Defendants in all criminal cases shall have the right to be tried by a jury. In cases triable in the first instance in district or municipal courts, the defendant shall have the right to trial by jury only on demand upon appeal to the circuit court for trial de novo as provided in Rule 30.1.

A written copy of the decision (an 'order') will be sent to you after the hearing. The order will not set out the reasons for the decision. The judge may tell you to do something, such as pay money to the other party or begin preparing your evidence for trial, as part of the decision.

A continuance is a judicial act and takes a judicial act to overturn it. It is within the discretion of the court to assign and impose costs for a continuance in a civil case. Extensive case law reviewed.

A continuance request submitted by the party not requesting the initial continuance, if granted by the Magisterial District Judge, shall not be for more than fourteen (14) days. The Magisterial District Judge is prohibited from granting more than one continuance to each party.

Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys.

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Alabama Motion for Continuance