Louisiana Motion for Continuance

State:
Louisiana
Control #:
LA-1235-M
Format:
Word; 
Rich Text
Instant download

Description

This form is a Motion for Continuance in a criminal case in the state of Louisiana.

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FAQ

A Motion to Continue is a request by one or both parties in a legal dispute to the Court to extend or reschedule a hearing or trial date to a specified new date.

The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.

Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.

A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.

Asking OAH to postpone dates is called a "request for continuance." If all parties in a case want to postpone dates, the request is called a Joint Request for a Continuance. All parties must agree on the dates in a joint request.

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Louisiana Motion for Continuance