[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Recipient's Organization] [Organization's Address] [City, State, ZIP] Subject: Motion to Continue regarding [Case Name, Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request a Motion to Continue in the aforementioned case pending in the [Court Name], Alabama. This motion is being filed on behalf of [Your Name], the [Plaintiff/Defendant] in this matter. I am laying out the grounds for this motion as follows: 1. [Reason for Request]: The primary reason for seeking a continuance is [provide a detailed explanation of the circumstances leading to this request]. It is crucial to understand that these circumstances significantly impact the ability to adequately prepare for the case and could potentially prejudice our client's rights. 2. [Additional Reasons, if applicable]: In addition to the primary reason, there may be other supporting factors necessitating a continuance, such as [provide any other relevant reasons, such as unavailability of key witnesses, pending discovery requests, availability of expert testimony, or any other factors that require additional time for preparation]. 3. [Case Background and Schedule]: Please find attached a brief overview of the case background, including pertinent dates and the current court schedule. It is our sincere belief that the aforementioned circumstances warrant the court's consideration for granting a continuance. 4. [Proposed New Dates]: Should the court grant our motion, we propose the following alternative dates for rescheduling the proceedings (trial, hearing, or any other court appearance) [provide specific alternative date(s) as per your client's availability, taking into account the court's schedule]. 5. [Supporting Documents]: Along with this letter, we have enclosed the following supporting documents for your reference: a) [List the attachments, such as an affidavit, medical records, or any other relevant evidence that bolsters your case for a motion to continue]. I kindly request a timely response in acknowledgement of this motion. We would appreciate any assistance or information available regarding the procedure or any additional forms required to complete this process efficiently. Thank you for your attention to this matter. We look forward to a favorable resolution to this motion, which will enable fair and just proceedings in this case. Should you require any further clarifications or supporting documents, please do not hesitate to contact me at [Provide Phone Number] or via email at [Provide Email Address]. Sincerely, [Your Name] [Your Designation (if applicable)] [Law Firm Name (if applicable)]
Alabama Sample Letter for Motion to Continue
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Any party may file a response in opposition to a motion, other than one for a procedural order (for which see subdivision (b)), within 7 days (1 week) after service of the motion; but the court may shorten or extend the time for responding to any motion.
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 ...
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.
Rule 68 ? Offer of judgment. At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
Rule 55(a) authorizes the clerk to enter defaults upon the civil docket when the party fails ?to plead or otherwise defend?. Consequently, a party who has appeared can be in default for failing to file subsequent pleadings or otherwise defend.
Under that rule the court can, in a proper case, direct entry of a final judgment as to less than all of the parties or claims involved in an action. Such judgment is final for purposes of appeal. Under this rule the court can stay enforcement of such conditions as to a stay as are necessary.
