Louisiana Motion for Continuance

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

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

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.

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...

If you can't find an attorney to prepare a response in time, you can ask the court for more time. This is done by a motion for extension of time to respond. If the judge grants this motion, you can get up to 30 extra days to respond to the suit.

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

Only the court can grant a continuance of a hearing. The court cannot do this until the defendant makes a formal written request. A defendant who wants or needs to reschedule a hearing needs to make a formal request to the court and provide a copy of that request to the District Attorney's Office.

P. 251. No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.

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.

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Louisiana Motion for Continuance