Arizona Generic Motion for Continuance and Notice of Motion

State:
Multi-State
Control #:
US-01071BG
Format:
Word; 
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Description

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.

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FAQ

A paper filed in court notifying the court and the other people involved, that a person (or their lawyer ) is participating in the case .

A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.

Rule 55 - Default; Default Judgment [Effective until January 1, 2024] (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule.

Motions must be in writing unless made during a hearing or trial. AZ D LRCiv 7.2(a) (amended eff 12/1/17). The moving party must serve and file with the motion's papers a memorandum setting forth the points and authorities relied upon, unless ordered by the court. AZ D LRCiv 7.2(b) (amended eff 12/1/17).

There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion. Your court date is still valid unless you have received a decision by the Judge in your case to allow it to be continued.

A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.

Here Rule 55(a)(1)(ii) of the Arizona Rules of Civil Procedure specifically provides that when the plaintiff seeks a default against a party ?known to be represented by an attorney whether or not that attorney has formally appeared? the notice must be sent to that attorney.

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Arizona Generic Motion for Continuance and Notice of Motion