Arkansas Motion for Trial Continuance until Surgical Scarring Healed
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How to fill out Motion For Trial Continuance Until Surgical Scarring Healed?
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FAQ
Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.
Arkansas Rules of Civil Procedure 30(b)(6). Regardless of his or her county of residence, a witness subpoenaed for examination at a hearing must be properly served with the subpoena at least two days prior to the hearing, or within a shorter time if a court so orders.
Rule 30 - Depositions Upon Oral Examination (a)When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
Lack of resources. The reality is that prosecutors and district attorneys often deal with far too many cases than they are able to handle. As a result, they may be forced to allocate their time and resources to certain priority cases, while dropping or dismissing minor crimes.
Prosecutors often will spend more time negotiating, the closer the case is to go to trial. The reason is that if a case is not ready for trial, the prosecutor has time, but he has other cases that are ready for trial, so he or she will often give the most attention to the oldest cases that are about to go to trial.
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.