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.
In Hawaii, a Generic Motion for Continuance and Notice of Motion refers to a legal document that requests an extension of a court hearing or trial date and alerts the other parties involved about this request. This motion is based on the belief that the current date set for the hearing or trial may not allow adequate time for the preparation and presentation of the case. There are various types of Hawaii Generic Motion for Continuance and Notice of Motion, each serving specific purposes: 1. Generic Motion for Continuance — This motion requests a rescheduling of a court hearing or trial date due to unforeseen circumstances that may hinder the parties' ability to adequately prepare or present their case. It may be filed when an attorney has a scheduling conflict or needs more time to gather necessary evidence or witnesses. 2. Motion for Continuance Due to Witness Unavailability — This specific type of motion is filed when a key witness is unavailable on the scheduled date, preventing the presentation of crucial testimony. It is usually supported with evidence such as sworn statements or affidavits from the absent witness or their legal representative. 3. Motion for Continuance Based on Newly Discovered Evidence — This motion is filed when either party unexpectedly uncovers new evidence that could significantly impact the outcome of the case. The motion argues that additional time is required to analyze, authenticate, and potentially present this evidence in court. 4. Motion for Continuance Due to Lack of Preparation — This motion may be filed when an attorney feels inadequately prepared for the hearing or trial due to limited time or other valid reasons. It requests additional time for thorough case preparation, including research, witness interviews, or document analysis. 5. Motion for Continuance Based on Health or Personal Circumstances — This motion is typically filed when a party involved in the case experiences unforeseen medical issues, personal emergencies, or other circumstances that make it impossible to proceed on the scheduled date. It provides a valid reason for a continuance and requests time to resolve these issues. These motions, along with their supporting documents and arguments, enable parties involved in a legal dispute in Hawaii to request the rescheduling of court hearings or trial dates. It is essential to consult with an experienced attorney who can provide guidance and assistance throughout this process to ensure compliance with the relevant laws and procedures.
