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In the event that a trial or hearing has commenced but cannot be concluded on the scheduled date(s) and time, the Judge or Master presiding is authorized to continue the matter to the next available date except in a criminal matter when a continuance would take the case outside the Hicks rule.
A continuance is a judicial act and takes a judicial act to overturn it. It is within the discretion of the court to assign and impose costs for a continuance in a civil case. Extensive case law reviewed.
A written copy of the decision (an 'order') will be sent to you after the hearing. The order will not set out the reasons for the decision. The judge may tell you to do something, such as pay money to the other party or begin preparing your evidence for trial, as part of the decision.
It primarily depends on the jurisdiction you are in. The procedural law and the actual process of court proceeding determine how long a case lasts. Depending on jurisdiction, a case can even last over 2 years in just the court of first instance. But of course, in cases like writ, it can be over in matter of minutes.
A continuance request submitted by the party not requesting the initial continuance, if granted by the Magisterial District Judge, shall not be for more than fourteen (14) days. The Magisterial District Judge is prohibited from granting more than one continuance to each party.
Subject to subsection (a)(2) of this Rule, any party may file a motion for new trial within ten days after entry of judgment. A party whose judgment has been amended on a motion to amend the judgment may file a motion for new trial within ten days after entry of the amended judgment.
Procedure for Requesting Postponements If you wish to request a change in the court date, submit your request in writing to the District Court where your trial or hearing will be heard with an explanation of the circumstances that require the change and include any supporting documentation.
Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys.