North Carolina Sample Letter for Continuance - Request for Earliest Court Date Possible
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FAQ
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
You shouldn't waste too much of the reader's time. Instead, get directly to the point. In the first paragraph, ask for the hearing in your case. For example, you could simply state, ?I am writing to request a court hearing date in the above-referenced matter.?
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
I am requesting a continuance until after (provide a date when your scheduling issue will be resolved), when this scheduling conflict will be resolved. Thank you for your attention to this matter. The rules and procedures regarding requesting a continuance can vary depending on state and local rules.
All applications for continuance shall be by written motion made on state form, AOC-CR- 410. A copy of the completed form AOC-CR-410 must be distributed to all counsel of record and/or unrepresented parties prior to presentation of the motion to the appropriate judicial official.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
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.
