Louisiana Motion and Order to Continue without Date
What is this form?
The Motion and Order to Continue without Date is a legal document used in criminal proceedings. This form allows the defense counsel to request a postponement of a scheduled court date without specifying a new date. It includes an order that, once granted, effectively suspends the court proceedings until further notice. This form is particularly useful in situations where the Assistant District Attorney does not object to the continuance, simplifying the process for the defense.
Key components of this form
- Defendant's name and case details
- Original court date and time for the scheduled proceeding
- Statement of no objection from the Assistant District Attorney
- Signature line for the District Judge
- Certification of forwarding the motion to opposing counsel
Common use cases
This form should be used when the defense counsel needs to request a delay in a criminal case proceeding. Common scenarios include unforeseen circumstances requiring additional preparation, scheduling conflicts, or when both parties agree that postponement is in the best interest of the case. It is essential when no new court date has been decided and both parties are in agreement regarding the continuance.
Intended users of this form
- Defense attorneys representing clients in criminal matters
- Defendants seeking a continuation of their court dates
- Legal representatives familiar with court procedures in criminal cases
Instructions for completing this form
- Enter the defendant's name and case details at the top of the form.
- Specify the original court date and time for the scheduled proceeding.
- Include the name of the Assistant District Attorney and their statement of no objection.
- Have the District Judge sign the order granting the motion.
- Certify that a copy of the motion has been delivered to all opposing counsel.
Notarization guidance
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Common mistakes to avoid
- Failing to include all necessary case details, leading to a rejection of the motion.
- Not obtaining the Assistant District Attorney's approval before filing the motion.
- Incomplete certification of service to opposing counsel.
Advantages of online completion
- Convenient download from the comfort of home or office.
- Editable templates allow for easy customization to suit specific case needs.
- Access to forms drafted by licensed attorneys ensures compliance with legal standards.
Form popularity
FAQ
A continuance can be asked for as many times as someone might wish. Whether the judge grants is going to be based on the type of case, the rationale for the request, and the particular judge's general stance on continuances.
The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period
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.
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.
You can file a written response to the Motion to Continue, calling it something like an "Objection" or "Opposition." This MAY prevent the Court from entering a continuance without a hearing...
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.
Learn how to file a motion (a written request for some type of relief) to get your case or part of your case - in front of the judge for a decision. You can use motions to try to resolve the case completely.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.
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.