A Maryland Motion for Continuance is a legal request made by one party in a court case to delay the proceedings or reschedule a hearing or trial. It is typically filed when the party needs more time to prepare their case, gather evidence, or for any other valid reason that justifies the need for additional time. In Maryland, there are different types of Motions for Continuance that can be filed based on the specific circumstances of the case. These include: 1. General Motion for Continuance: This is the most common type of motion filed when a party requires more time to adequately prepare for trial. It is often requested when there is a need to review complex evidence, consult with experts, or gather additional information. 2. Emergency Motion for Continuance: This type of motion is filed when unforeseen circumstances or emergencies arise, which make proceeding with the scheduled hearing or trial impossible or impractical. For example, an emergency motion may be filed if a key witness becomes unavailable or if a party experiences a sudden medical emergency. 3. Joint Motion for Continuance: In some cases, both parties may agree that a continuance is necessary. A joint motion for continuance is filed when both the plaintiff and defendant mutually request a postponement of the proceedings. This is commonly done to accommodate scheduling conflicts or to allow for further negotiations or settlement discussions. 4. Motion for Continuance based on newly discovered evidence: If a party discovers new evidence that is crucial to their case shortly before trial, they may file a motion for continuance to request additional time to properly investigate and incorporate this evidence into their arguments. 5. Motion for Continuance due to unavailability of a crucial party: If a key participant, such as an attorney, a party, or a witness, becomes unavailable for legitimate reasons (sickness, unexpected travel, etc.), a motion for continuance can be filed to postpone the hearing or trial until the crucial party is able to participate. 6. Motion for Continuance based on scheduling conflicts: If a party or their attorney has a scheduling conflict that prevents them from attending the trial or hearing, a motion for continuance can be filed to reschedule the proceedings to a later date that accommodates all parties involved. In summary, a Maryland Motion for Continuance is a legal tool used to request a delay or rescheduling of a hearing or trial. Different types of motions can be filed based on the specific circumstances, including general, emergency, joint, based on newly discovered evidence, due to unavailability of a crucial party, or based on scheduling conflicts. These motions enable parties to ensure a fair and just resolution of their case by allowing them adequate time to prepare or deal with unforeseen circumstances.
Maryland Motion for Continuance
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How to fill out Motion For Continuance?
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FAQ
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.