A motion for continuance in a personal injury case in Massachusetts is a legal request made by either the plaintiff or defendant to postpone the scheduled court proceedings for reasons such as the need for additional time to prepare, gathering more evidence, or the unavailability of key witnesses. This motion allows parties involved in a personal injury lawsuit to request an extension of time without being penalized for a failure to appear or proceed with the case on the originally scheduled date. In Massachusetts, there are various types of motions for continuance — personal injury that can be filed, including: 1. Standard Motion for Continuance: This is the general motion filed by either the plaintiff or defendant requesting a postponement of the trial or hearing in a personal injury case. The motion is typically supported by a written affidavit that explains the specific reasons necessitating the delay. 2. Emergency Motion for Continuance: In certain urgent situations, such as the sudden illness or incapacitation of a party involved or their attorney, an emergency motion for continuance can be filed. This motion highlights the immediate need for a postponement due to unforeseen circumstances. 3. Consent Motion for Continuance: In cases where both parties mutually agree to an extension of time, a consent motion for continuance is filed. This type of motion is typically used when both parties require more time to negotiate a settlement or complete discovery. 4. Unopposed Motion for Continuance: If one party seeks a continuance and the opposing party does not oppose the request, an unopposed motion for continuance can be submitted. This motion acknowledges the absence of objections from the opposing party, making the likelihood of the court granting the continuance high. When filing a motion for continuance in Massachusetts — personal injury, it is crucial to provide valid reasons for the delay and supporting evidence or documentation. Additionally, compliance with court rules and procedures is necessary for a successful motion. Parties should consult with their attorneys to determine the appropriate type of motion to file based on the specific circumstances of their case.
Massachusetts Motion for Continuance - Personal Injury
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How to fill out Massachusetts Motion For Continuance - Personal Injury?
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If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.
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.
If such a motion is filed at least three court days prior to the scheduled appearance or trial date and indicates that all parties have agreed to the continuance, the court shall, prior to the scheduled date, rule on the motion without a hearing unless it deems a hearing to be necessary.
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.
If you are unavailable on the date scheduled for the court magistrate's hearing, call or go into the clerk magistrate's office and request a date change. You may be asked to submit your request in writing and to attach any documents to show why you can't be in court on the scheduled date.
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. (b) Time to File a Motion for a New Trial.
A Massachusetts continuance without a finding is also referred to as a ?CWOF.? Though a CWOF involves an admission that the government has sufficient evidence to support a guilty finding, the court does not enter a guilty finding and continues the case for a period of time to be dismissed upon successful completion of ...