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North Dakota Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case

State:
Multi-State
Control #:
US-0369LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [The Court's Name] [Court's Address] [City, State, ZIP] Re: [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing on behalf of the plaintiff in the aforementioned case to file a Motion to Continue This Action as a Pending Case. I humbly request your honorable attention and consideration regarding this matter. Furthermore, I would like to provide a detailed description of the reasons necessitating the request for a continuance. The plaintiff has recently encountered unforeseen circumstances that have greatly affected their ability to proceed with the case on the current trial date. These unforeseen circumstances include [briefly mention the specific reasons for the requested continuance, such as the unavailability of a key witness, need for further discovery, or a conflict with the plaintiff's legal representation]. These circumstances have impeded the plaintiff's ability to adequately prepare for the trial, and consequently, they require additional time to ensure a fair and just resolution. As the plaintiff, we strongly believe that a continuance is crucial to ensure the integrity of the legal process and to uphold the principles of justice. Granting this continuance would enable us to gather crucial evidence, complete necessary investigations, and consult with experts in this particular field before proceeding to trial. It will also allow us to locate and subpoena witnesses who can provide valuable testimonies, ensuring a comprehensive presentation of facts. We understand that granting a continuance will inconvenience all involved parties, including the court and the opposing counsel. However, we believe that the significance of the issues at hand, the need for a fair trial, and the pursuit of justice should take precedence over any potential inconvenience. The requested continuance will ultimately serve the interests of justice, allowing for a more accurate and fair resolution of the case. In light of these circumstances and our commitment to fulfilling all obligations and responsibilities, we kindly request that you grant this motion for a continuance. We propose that a new trial date be scheduled following a reasonable period, which would allow us to adequately prepare for the trial and present our case in a just manner. Thank you for your time and consideration of this matter. We truly appreciate your attention to these issues and your dedication to upholding the principles of justice in our community. We assure you that granting this continuance will not only serve the interests of the plaintiff but also contribute to the efficient and judicious administration of the court. Please do not hesitate to contact us if you require any additional information or have any questions regarding this matter. We eagerly await your favorable response. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm Name] [If applicable]

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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.

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

The plaintiff is the one who initiates litigation by submitting a complaint to the appropriate court. The defendant is the party that then must answer the complaint and defend themselves.

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.

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.

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.

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.

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(The Affidavit of Service by Mail form is designed to be used to prove service by mail of a copy of the completed Notice of Motion for Continuance/Extension, ... This is a basic guide through the process of a civil action in North Dakota State District Court. This guide is not a complete statement of the laws and rules ...Mar 27, 2023 — [¶ 1] THIS MATTER comes before the Court upon a Motion for Preliminary Injunction filed by the Plaintiff, the State of North Dakota (“North ... Apr 2, 2010 — This Note explains the initial steps of a civil lawsuit in US district courts (the trial courts of the federal court system) and the major. Complete a cover sheet (Form JS-44) and attach it to the complaint. 4. Send the filing fee or complete an Application to Proceed Without Prepayment of Fees and ... The submission to a judge or magistrate of argument or proof in support of a motion or application, or upon trial, is a waiver of the right thereafter to file ... Example: County Court denied defendant's motion;16 the Appellate Division reversed, vacated the judgment, restored the indictment to the preplea stage and ... Holding: Reversing the district court's denial of plaintiff's Rule 60(b) motion, and remanding to the district court for further proceedings. The D.C. Circuit ... You should discuss your evidence in your memorandum of points and authorities, attach it to your motion, file it with the court, and serve it to the other side. Complete the Civil Summons if you want to serve the Plaintiff by Sheriff, Certified Mail, or Registered. Mail. For further clarification regarding service of ...

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North Dakota Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case