A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.
Alabama Generic Motion for Continuance and Notice of Motion
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Multi-State
Control #:
US-01071BG
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Word;
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How to fill out Generic Motion For Continuance And Notice Of Motion?
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FAQ
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
A person not a party to the action may be compelled to produce documents, electronically stored information, and things or to submit to an inspection as provided in Rule 45. (dc) District court rule. Rule 34 applies in the district courts in those instances where production and inspections are permitted by Rule 26(dc).
Motion day. Unless the court orders otherwise, an order granting a motion to dismiss shall be deemed to permit an automatic right of amendment of the pleading to which the motion is directed within ten (10) days from service of the order. (dc) District court rule. Rule 78 applies in the district courts.
A new trial may be granted to all or any of the parties and (1) on all of the issues in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of Alabama; and (2) on all or part of the issues in an action tried without ...
Such a motion under Rule 60(b) does not affect the finality of the judgment, but a motion under Rule 59, made within 10 days, does affect finality and the running of the time for appeal.
33(c)] states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it 'as readily as can the party served,' and that the responding party must give the interrogating party a 'reasonable opportunity to examine ...
Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.
A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.