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FAQ

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.

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.

After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.

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...

A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction.Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.

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 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.

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.

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.

Joint Motion For Continuance

Description Motion Postponement Continuance

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