Dear [Judge's Name], I am writing to submit a motion to continue in the case of [Plaintiff's Name] vs [Defendant's Name], pending in your esteemed court, [Court Name], in the state of Georgia. As per the circumstances explained below, we kindly request a continuance of the trial date originally scheduled for [date]. The need for a motion to continue arises due to the unavailability of key witnesses crucial to presenting a fair and complete defense or prosecution. The absence of these individuals would impair our ability to conduct a thorough examination and present vital evidence in this matter. Thus, we humbly request the court's approval to postpone the trial to a later date when the aforementioned witnesses can be present. In support of this motion, we have provided an affidavit from each of the absent witnesses, affirming their importance to the case and their unavailability on the current trial date due to unavoidable reasons such as illness, a pre-scheduled medical procedure, or a professional obligation that cannot be rescheduled. We believe their testimony is essential to ensure a fair and just resolution of this case. Furthermore, it is important to note that both parties involved in this lawsuit have been diligently preparing for trial. Granting this motion to continue will not only enable the attendance of crucial witnesses but also allow the attorneys involved to delve deeper into the evidence, ensuring a more thorough and comprehensive presentation of their arguments. Additionally, this motion seeks a short continuance, ideally no more than [duration], to avoid any undue delay in the proceedings. We understand the court's commitment to efficiency and expeditious resolution of cases, and we assure you that we will make every effort to schedule the trial on a mutually agreeable date within the shortest reasonable timeframe. In conclusion, we respectfully request your honor's favorable consideration of this motion to continue. Granting this motion will ensure fairness, protect the constitutional rights of both parties, and promote the interests of justice. We have attached all necessary documents and affidavits for your convenience. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]
Georgia Sample Letter for Motion to Continue
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How to fill out Sample Letter For Motion To Continue?
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FAQ
A stay of discovery is also automatic upon the filing of a motion to dismiss before or at the time of filing and answer. Under a Georgia law passed in 2009, discovery will be stayed for 90 days after the filing of such motion or until the court makes a ruling on the motion, whichever comes first.
Deadline for Responding to Motion to Dismiss Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material within 30 days of being served with the motion. Ga. Unif.
Motions for Reconsideration. Except when otherwise ordered, all motions for reconsideration, see Rule 27, must be physically received or electronically filed in the Clerk's office within 10 days of the order or judgment for which reconsideration is sought. Rule 14. SERVICE.
However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing or oral argument unless counsel agree in writing to extend the time for a ruling or the judge is "providentially hindered" from making a decision.
A party may assert any or all of the following claims in a motion to dismiss: Lack of subject-matter jurisdiction; Lack of personal jurisdiction; Improper venue; Insufficiency of process; Insufficiency of service of process; Failure to state a claim on which relief can be granted; and.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
(e) Motion for more definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a proper responsive pleading, he shall nevertheless answer or respond to the best of his ability, and he may move for a more definite statement.
To have case continued you must appear in Court on your scheduled court date and request a continuance from the judge. NO CONTINUANCES WILL BE GRANTED OVER THE TELEPHONE.
