Maryland Joint Motion for Continuance

State:
Maryland
Control #:
MD-JB-047-06
Format:
PDF
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A06 Joint Motion for Continuance
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FAQ

There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

A judge even may grant a continuance during a trial if a witness for the prosecution provides unexpected testimony that the defendant could not have anticipated. If the defense can gather contradictory evidence within a reasonable time, the judge likely will provide an opportunity to do so.

There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case. The real question is whether the prosecution has met their obligations under Rule 600, which is Pennsylvania's speedy trial rule.

It means that someone, probably the defendant, is asking the court to issue an order regarding the case. It is usually an order for some sort of miscellaneous relief, specific to the defendant's case, rather than a standard order that is issued...

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.

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.

The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.

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Maryland Joint Motion for Continuance