A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.
Guam Generic Motion for Continuance and Notice of Motion: A motion for continuance is a legal document filed by a party in a Guam court case, requesting a delay or postponement of the scheduled court hearing or trial. This motion is generally used when the party needs more time to prepare their case or gather additional evidence. On the other hand, a notice of motion is a document that informs the court and the opposing party about the party's intention to file a motion, allowing both parties to prepare for the upcoming hearing. In Guam, there are several types of generic motions for continuance and notices of motion, each serving a specific purpose. Some commonly used types include: 1. Motion for Continuance due to Discovery: In cases where one party requires more time to gather important evidence or complete the discovery process, this motion is filed to request a postponement of the scheduled court proceedings. 2. Motion for Continuance due to Unavailability of Witnesses: If a party's crucial witnesses are unavailable on the scheduled court date, this motion is filed to request a delay to ensure the presence of necessary witnesses. 3. Motion for Continuance due to Conflict: In situations where a party's attorney has a scheduling conflict with the court date, this motion is filed to seek a new date that aligns with the attorney's availability. 4. Motion for Continuance for Medical Reasons: When a party or their attorney faces unexpected health issues that prevent them from attending the scheduled court proceedings, this motion is filed to request a continuance until they are fit to participate. 5. Notice of Motion to Suppress Evidence: This notice informs the court and the opposing party about a forthcoming motion to exclude certain evidence from the trial, typically based on violations of constitutional rights or improper acquisition of evidence. 6. Notice of Motion to Dismiss: This notice declares a party's intention to file a motion seeking the termination or dismissal of the case, usually due to legal defects or lack of sufficient evidence. 7. Notice of Motion for Summary Judgment: This notice indicates a party's plan to file a motion requesting the court to rule on the case without a trial, arguing that the facts are not in dispute, and a judgment can be rendered based on the existing evidence. It is essential to consult with an attorney experienced in Guam law to determine the specific type of motion for continuance or notice of motion that aligns with the circumstances of your case. Each motion must be carefully drafted, providing sufficient justification and relevant legal arguments to support the request for a continuance or the desired outcome.
