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 witness, necessity of extra time to prepare for the matter, and several other grounds.
Arkansas Motion for Continuance Due to Absence of Witness and Notice of Motion
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US-01072BG
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How to fill out Motion For Continuance Due To Absence Of Witness And Notice Of Motion?
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Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.
In legal terms, a change in a hearing date to a date in the future is called a ?continuance? of the hearing. If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date.
The discovery rule resolves this issue by extending the statute of limitations to the date the injury was discovered, allowing the accident victim the opportunity to file a claim after the three-year limit has passed.
If a subpoena does not command an appearance, then it must be served by e-mail, facsimile, or hand delivery on all other parties at least three (3) business days before the subpoena is served on the person to whom it is directed.
Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum. '?
-- Arkansas Rule of Criminal Procedure 28.3 requires that any period to be excluded from the one-year speedy-trial period "shall" be set forth in a written order or docket entry; this requirement of a written order or docket entry is satisfied when there is such an order or docket entry as well as when the record ...
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark.