Motion and Order for Continuance (Criminal Superior Court Cases): This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
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If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.
If you are the defendant, you can request a postponement (continuance) of your trial date if you 1) are unable to appear on that date, or 2) you were untimely served and need more time to prepare for the trial.
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.
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.
A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
Dear Other Party or Their Attorney: As I explained today, I need a continuance of the hearing on DATE. I am asking for a continuance because GIVE REASON. Please let me know by DATE if you will agree to a continuance.