Ohio Motion for Trial Continuance until Surgical Scarring Healed
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How to fill out Motion For Trial Continuance Until Surgical Scarring Healed?
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Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
Except for motions made during a hearing or during trial, motions are required to be in writing. They must also be filed in court and served on the opposing party's attorney (or the party if not represented by counsel). If the motion is contested, the opposing attorneys will also file papers opposing the motion.
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
FILING THE MOTION FOR CONTINUANCE File the motion with the Domestic Relations Clerk of Court located on the ground floor, room 35, of the Cuyahoga County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion.
The Motion for Continuance must contain the following: 1. A detailed explanation of your reasons for the continuance along with any supporting documentation if applicable; 2. A detailed explanation of your effort to contact the opposing party/attorney regarding the continuance; 3. Your signature; and 4.
A new trial may be granted on motion of the defendant if the defendant produces clear and convincing evidence not previously considered that undermines in a material way the State's theory of guilt, or that directly contradicts the evidence used to convict, and which produces a reasonable likelihood of a different ...
A continuance motion can be filed by either the defendant's criminal defense lawyer or the prosecuting agency. If the judge decides to grant the motion, the hearing or trial is delayed for a necessary period to resolve the issue that made the continuance necessary.