Subject: North Carolina Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case Dear [Judge's Name], I am writing to submit the Plaintiff's Motion to Continue this Action as a Pending Case in accordance with the rules and regulations of the North Carolina judicial system. As the Plaintiff in this case, I am bringing the following matter before your esteemed court: [provide a brief description of the case, including the parties involved and the nature of the dispute]. The current circumstances of this case necessitate its continuation, allowing for fair and just proceedings. It has come to my attention that there may be different types of North Carolina Sample Letters for Plaintiff's Motion to Continue This Action as a Pending Case, depending on the reasons for the requested continuation. Below, I have outlined some common scenarios where such sample letters may be used: 1. Medical/Health-Related Reasons: In situations where either party is facing unexpected health issues, accommodating the postponement would be crucial. The plaintiff may request the court's compassion and understanding due to their impaired physical or mental condition. 2. New Information/Evidence: If the plaintiff has newly discovered evidence or information that is essential to their case, it might require additional time to incorporate this evidence into their case preparation. The sample letter would emphasize the significance of this new material and demonstrate to the court how its consideration would ensure a more just outcome in the case. 3. Unforeseen Events: Sometimes, outside events occur that significantly impact the plaintiff's ability to proceed with the case as scheduled. For instance, a natural disaster, personal tragedy, or other unforeseen circumstances may make it impractical or impossible for the plaintiff to adequately prepare for the trial. Please note that the reasons for a motion to continue may vary on a case-by-case basis, and it is imperative to provide detailed and specific justifications to substantiate such a request within the sample letter. With this motion, I request Your Honor's consideration and, if granted, the rescheduling of the trial or hearing to a future date that allows for proper preparation, ensuring a fair and equitable resolution to this matter. I assure the court that I will diligently work to expedite any necessary actions to facilitate the continuation without unnecessary delay. Thank you for your kind attention to this matter. I sincerely hope for a favorable consideration of this motion. Yours faithfully, [Your Name] [Plaintiff's Attorney (if applicable)] [Contact Information]
North Carolina Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case
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Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
How do I write a letter requesting a continuance? 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.
A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request.
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 unable to appear before this Court on the date of the scheduled hearing because Briefly explain why you are unable to appear. However, I am able to appear before this Court on or after Date. I respectfully request this Court to stay the proceedings of this case until Date.
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.
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.
