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Louisiana Motion to Continue and Refix Hearing and Intake Conference, and Order

State:
Louisiana
Control #:
LA-5154
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion to Continue and Refix the Intake Conference and Hearing of a defendant. The continuance is requested because the previously-scheduled intake conference was not heard before the hearing officer. An order granting the motion is attached. A Motion to Continue is used to request that the court continue, or delay a trial, hearing or other court matter, and often gives a valid reason for the request.
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Key Concepts & Definitions

Motion to Continue and Refix Hearing and Intake: A legal request made in court to postpone a scheduled hearing or intake session, typically due to unforeseen circumstances or the need for additional preparation time. This motion can be critical in ensuring all parties are adequately prepared to present their case.

Step-by-Step Guide: How to File a Motion to Continue

  1. Check Local Court Rules: Review the specific requirements and rules of the jurisdiction where the case is being heard. This can vary by state and court.
  2. Prepare the Motion: Draft the motion clearly stating the reasons for the request to continue. Include any supporting documents or evidence that justifies the need for a delay.
  3. Consult with Opposing Counsel: Inform the opposing party of your intention to file a motion and, if possible, obtain their consent or understanding.
  4. File the Motion: Submit the motion to the court clerk along with any required forms or fees. Ensure it is done well before the scheduled hearing or intake date.
  5. Attend the Motion Hearing: Be prepared to argue the motion in front of a judge and respond to any objections from the opposing side.

Risk Analysis

  • Delay in Proceedings: A successful motion may lead to significant delays, potentially impacting the resolution of the case.
  • Judicial Pushback: Courts may view continuous motions to continue unfavorably, especially without substantive justification.
  • Legal Fees Increase: Prolonging a case can result in higher legal costs for both parties.

Key Takeaways

  • Understanding local court rules is essential for the appropriate filing of a motion to continue.
  • Communication with opposing counsel is important to facilitate the process and potentially avoid objections.
  • Being prepared to justify the need for a motion to continue is crucial in persuading the court and ensuring a favorable outcome.

FAQ

  • What is a refix hearing? A refix hearing is the rescheduling of a previously set hearing date, typically resulting from a granted motion to continue.
  • How common are motions to continue? They are fairly common in civil and criminal cases where unexpected circumstances impact one party's ability to proceed as scheduled.
  • Can a motion to continue be denied? Yes, if the court finds the reasons insufficient or feels that a delay could harm the other party or the judicial process.

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Louisiana Motion to Continue and Refix Hearing and Intake Conference, and Order