A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.
A New Hampshire Generic Motion for Continuance and Notice of Motion is a legal document used in the state of New Hampshire to request a postponement of a court hearing or trial. This motion is filed by a party in a legal proceeding who needs additional time to prepare their case, gather evidence, or consult with their attorney. It is important to note that this is a generic motion and may need to be tailored to specific cases and circumstances. Key elements typically included in a New Hampshire Generic Motion for Continuance and Notice of Motion are: 1. Caption: The motion begins with the caption, which includes the name of the court, case number, the names of the parties involved, and their respective attorney's information. 2. Introduction and Statement: Here, the moving party starts by stating their name and role in the case, followed by a brief introduction explaining the purpose of the motion. The moving party then provides a clear statement of the reasons necessitating a continuance. 3. Supporting Facts: This section outlines the specific reasons justifying the motion for continuance, carefully explaining why additional time is needed. Examples of supporting facts may include the unavailability of a witness, the need for further investigation, or the availability of new evidence. 4. Legal Grounds: The moving party mentions the legal grounds for seeking a continuance in accordance with New Hampshire state law or court rules. It is important to cite relevant statutes, rules, or case precedents that support the motion. 5. Opposition: The moving party may anticipate potential objections from opposing parties and address them in this section, explaining why the opposing party's objections should not outweigh the need for a continuance. 6. Proposed New Dates: The motion typically requires the moving party to propose alternative dates for the postponed hearing or trial. It is crucial to suggest specific dates that are reasonable and convenient for all parties involved. 7. Notice of Motion: This is a separate section dedicated to the notice of motion, providing a clear notification to all relevant parties about the intention to file this motion for continuance. It states the date, time, and location of the upcoming court hearing where the motion will be presented. Different types of New Hampshire Generic Motion for Continuance and Notice of Motion may include specific categories, such as: 1. Continuance due to unavailability of key witnesses 2. Continuance to gather additional evidence 3. Continuance to allow for further legal research and analysis 4. Continuance due to scheduling conflicts 5. Continuance to accommodate the needs of a disabled party or counsel These variations cater to the specific circumstances necessitating a continuance, while the fundamental structure of the motion remains the same.
