Iowa Motion for Continuance Due to Absence of Witness and Notice of Motion

State:
Multi-State
Control #:
US-01072BG
Format:
Word; 
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Description

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 witness, necessity of extra time to prepare for the matter, and several other grounds.

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  • Preview Motion for Continuance Due to Absence of Witness and Notice of Motion
  • Preview Motion for Continuance Due to Absence of Witness and Notice of Motion
  • Preview Motion for Continuance Due to Absence of Witness and Notice of Motion
  • Preview Motion for Continuance Due to Absence of Witness and Notice of Motion

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FAQ

An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.

A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.

Rule 1.911 - Causes for continuance 1. 911(1) A continuance may be allowed for any cause not growing out of the fault or negligence of the movant, which satisfies the court that substantial justice will be more nearly obtained. It shall be allowed if all parties so agree and the court approves.

In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

IT IS THEREFORE ORDERED AS FOLLOWS: Except in exigent or unusual circumstances, any continuance motion or request must be in writing, signed by the client, and filed not later than seven days before the court event for which rescheduling is requested.

In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.

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Iowa Motion for Continuance Due to Absence of Witness and Notice of Motion