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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.
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.
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.
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.
Usually for medical or family emergencies, but these continuance requests must be made in advance. The Case Flow Coordinator will consult with the presiding judge on whether or not your request may be granted. You usually cannot call the day of your scheduled court appearance and expect a continuance to be granted.
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.
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.
The Motion for Continuance must contain the following: 1. A detailed explanation of your reasons for the continuance along with any supporting documentation if applicable; 2. A detailed explanation of your effort to contact the opposing party/attorney regarding the continuance; 3. Your signature; and 4.