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I am unable to appear before this Court on the date of the scheduled hearing because Briefly explain why you are unable to appear. However, I am able to appear before this Court on or after Date. I respectfully request this Court to stay the proceedings of this case until Date.
Continuance: The adjournment or postponement of a court case to another day. Continuance Date: Date on which the case will next be heard in court.
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 stay is an order that temporarily halts the effect of a court order or judgement. A continuance is an order that temporarily delays a judicial proceeding.
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
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.