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You Have a Health or Family Emergency If you have a minor cold and don't appear in court, that will obviously not be considered a valid excuse, but if you are in the hospital for a significant period of time or you can prove that you cannot safely attend your hearing, you can make your case to the judge.
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.
A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request.
I am requesting a continuance until after (provide a date when your scheduling issue will be resolved), when this scheduling conflict will be resolved. Thank you for your attention to this matter. The rules and procedures regarding requesting a continuance can vary depending on state and local rules.
A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.