A Michigan Motion for Continuance is a legal document filed by either the prosecution or defense requesting a postponement of a scheduled court hearing or trial. This motion is typically filed when certain circumstances, such as the unavailability of a key witness or the need for additional time to prepare the case, make it necessary to delay the proceedings. Keywords: Michigan, motion for continuance, legal document, postponement, court hearing, trial, prosecution, defense, circumstances, unavailability, key witness, additional time, prepare, proceedings. In Michigan, there are different types of motions for continuance that can be filed depending on the specific situation and the party requesting the postponement: 1. General Motion for Continuance: This is the most common type of motion filed by either the prosecution or defense when there is a need for a delay due to various reasons such as the unavailability of a necessary witness or the need for more time to gather evidence. 2. Discovery Continuance: This motion is filed by either party to request a continuance based on the need for additional time to review and analyze new evidence or information that has been discovered during the pre-trial discovery process. 3. Witness Continuance: This motion is specifically filed when a key witness becomes unavailable or unable to attend the scheduled court hearing or trial. Valid reasons for this type of continuance may include the witness's illness, unavailability due to work or travel, or any other significant circumstance that will impair their ability to appear in court. 4. Defense Continuance: This type of motion is primarily filed by the defense counsel to seek a continuance for the purpose of obtaining additional time to prepare the defense strategy or gather more evidence to support their case. 5. Prosecution Continuance: This motion is filed by the prosecution to request a delay in the proceedings due to unforeseen circumstances that may hinder their ability to present their case adequately. This could include the unavailability of a crucial witness or the need to gather more evidence to prove the defendant's guilt. It is important to note that the approval of a motion for continuance is subject to the discretion of the presiding judge, who will assess the reason for the request, the impact on the opposing party, and the interests of justice before granting or denying the motion. Overall, a Michigan Motion for Continuance provides a formal avenue for either the prosecution or defense to request a postponement of a court hearing or trial when certain circumstances necessitate additional time for preparation or the resolution of any unforeseen issues.
Motion For Continuance Form
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How to fill out Michigan Motion For Continuance?
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A party to a proceeding may move for reconsideration after a decision and order is issued by the commission. A motion for reconsideration shall state with particularity the material error claimed and, with respect to any finding of material fact, shall specify the page of the record relied upon.
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
(F) Motion for Rehearing. (1) To move for rehearing, a party must file within 21 days after the opinion was filed: (a) 1 signed copy of a motion for rehearing; and (b) proof that a copy was served on each party.
(1) Unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.
(6) Motion for Immediate Consideration. A party may file a motion for immediate consideration to expedite decision on another motion. The motion must state facts showing why immediate consideration is required.
Rule 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.
MOTION FOR REHEARING The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error. MCR 7.311(F), referencing MCR 2.119(F)(3).