Idaho Motion for Continuance

State:
Multi-State
Control #:
US-00872
Format:
Word; 
Rich Text
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Description

This is a Defendant's Motion for Continuance. This is used to postpone the original court date. It may be modified to suit your particular needs.
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FAQ

Idaho Rules of Civil Procedure Rule 75. Contempt. This rule governs all contempt proceedings brought in connection with a civil lawsuit or as a separate proceeding. It does not apply to contempt charged under Idaho Code Section 18-1801, or any other criminal statute.

Lack of notice of entry of an appealable order or judgment does not affect the time to appeal or to file a post-trial motion within the time allowed, except where there is no showing of mailing or delivery by the clerk in the court records and the party affected thereby had no actual notice.

(1) Continuance. If, at the first appearance, the defendant desires additional time before entering a plea to the charge, the clerk shall continue the proceeding to a time certain and issue a continuance notice to the defendant in the form prescribed in this rule. (2) Plea of Not Guilty.

In any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.

When a court dismisses a criminal action, the order of dismissal must state the court's reasons for dismissal. (c) Effect of Dismissal. An order for dismissal is a bar to any other prosecution for the same offense if it is a misdemeanor, but it is not a bar if the offense is a felony.

Idaho Rule of Civil Procedure 65(e)(3) allows a preliminary injunction: ?When it appears during the litigation that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to make ...

Every defendant who is entitled to appointed counsel under law must have counsel assigned to represent the defendant at every stage of the proceeding from initial appearance before the magistrate or district court, unless the defendant waives such appointment. (b) Assignment Procedures.

Rule 12 of the Idaho Criminal Rules requires that certain defenses must be raised by a motion filed before the trial. It also sets time limits within which such motions must be filed, although such time limits may be extended in the pre-trial order.

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Idaho Motion for Continuance