Motion and Order for Continuance - Civil Superior 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.
North Carolina Motion and Order for Continuance - Civil Superior Cases
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FAQ
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.
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
This is called a continuance ; only the judge can move a hearing date. If you need to reschedule, you may file a written request with the clerk at least 5 days before your scheduled court date.
When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.
The court may adjourn (postpone) your case for a period of time, usually one or two weeks.
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.
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.
The adjournment or postponement of an action pending in a court to a later date of the same or another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it.
