Georgia Motion for Continuance - Personal Injury

State:
Multi-State
Control #:
US-PI-0221
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.

A Georgia Motion for Continuance in the context of a personal injury case is a legal document filed by one of the parties involved in a lawsuit to request a postponement or delay of the scheduled court proceedings. This motion is typically put forth when circumstances arise that hinder the ability of one or both parties to proceed with the case on the assigned date. There are various reasons for filing a Georgia Motion for Continuance in the realm of personal injury law. Some common scenarios that may necessitate such a motion include the need for additional time to gather evidence, consult with experts, or complete necessary medical treatments. Additionally, scheduling conflicts, unexpected emergencies, or unavailability of key witnesses may also prompt the filing of this motion. In Georgia, there are three main types of Motions for Continuance commonly encountered in personal injury cases: 1. Pre-Trial Motion for Continuance: This type of motion is typically filed by the plaintiff or the defendant before the trial date and serves to request an extension of time to properly prepare the case. Reasons for filing a pre-trial motion may include the need for more time to gather evidence, engage expert witnesses, or consult with legal representatives. 2. Trial Motion for Continuance: If unforeseen circumstances arise on or shortly before the scheduled trial date, either party can file a motion requesting a postponement. This motion is typically put forth when unexpected events, such as sudden illness or emergencies, hinder the ability of the involved parties to proceed with the trial as planned. 3. Post-Trial Motion for Continuance: In rare cases, after a trial has commenced, but circumstances arise that impede the fair conclusion of the proceedings, either party may file a post-trial motion for continuance. This motion seeks a delay in the court's final judgment and may be prompted by factors such as newly obtained evidence, witness availability issues, or procedural errors during the trial process. When filing a Georgia Motion for Continuance — Personal Injury, it is crucial to provide detailed and legitimate reasons for the request, supported by evidence or documentation whenever possible. The Court ultimately decides whether to grant or deny the motion, considering the interests of both parties and the overall administration of justice. It is important to consult with an experienced personal injury attorney to navigate these legal processes effectively and ensure the best possible outcome for a personal injury case.

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  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury
  • Preview Motion for Continuance - Personal Injury

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FAQ

Ga. Code § 9-10-150 The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument.

A reconsideration shall be granted on motion only when it appears that the Court overlooked a material fact in the record, a statute, or a decision which is controlling as authority and which would require a different judgment from that rendered, or has erroneously construed or misapplied a provision of law or a ...

Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial (Cal. Rules of Ct., Rule 3.1332(c)(7)).

The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application for a continuance will swear that he cannot go safely to trial without the services of ...

?In Georgia, the continuing witness rule is based on the idea that written testimony is heard by the jury when read by a witness, just as oral testimony is heard when a witness testifies.

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.

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... of a penalty of up to $50 upon the moving party if, absent statutory grounds or good cause, a motion for continuance of an action is first made within 5 ... - If no motion for continuance is made, and no testimony under oath as to the necessity of a continuance is offered, a new trial will not be granted for failure ...Aug 7, 2012 — You will want to hire an attorney before you a motion for continuance is filed. ... Personal Injury Lawyer in Roswell, GA. Reveal number tel: (678) ... - Motion for continuance under this section, on account of absence of counsel from providential cause, must be in strict compliance with this section and must ... Said hearing shall be continued until the next available. (Trial) (Motion) calendar. Parties will be notified of the new date and time by the Clerk's office. Step 3: For many civil cases, a request for a continuance is made through a motion. A “motion for a continuance” is a request asking the judge to make an order ... The Clerk shall file a civil action only upon the presentation of: (a) the original complaint and the appropriate filing fee, or the original complaint and an ... Certificate of Service: You must send a copy of the Motion for Continuance to opposing counsel. If the other party has no counsel, you must send the Motion. Click to explore this plaintiff's opposition.If you've been injured, seek a personal injury lawyer in Georgia. Call Butler Kahn for a free consultation. Continuance. If your citation is payable and you are requesting a continuance, please call (770) 528-2660. · Failure to Appear: $65.00 Fee. A $65.00 rescheduling ...

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Georgia Motion for Continuance - Personal Injury