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For criminal cases, not appearing for court may result in the court issuing a capias or warrant for your arrest. If you are the plaintiff in a civil case and do not appear for court on your court date, your case may be dismissed.
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 judge could fine you up to $100.00, and imprison you up to three days. If you fail to appear for the Rule to Show Cause, a civil capias may be issued. Please remember that serving as a juror is your civil duty and a privilege as a United States citizen.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
A request for a continuance for a bench and/or jury trial may be granted for good cause and if it appears that the interest of justice will be better served. The request must be made in writing by the party requesting the continuance at least three (3) days before the trial or as soon as a conflict is evident.
To request a continuance in your criminal or traffic case, use either the fillable ELECTRONIC CONTINUANCE REQUEST FORM FOR CRIMINAL CASES or you may download a digital copy of CRIMINAL FORM 35 to fill out and email or fax to the court of jurisdiction.