Oregon Petitioner's Motion and Order Denying Continuance

State:
Oregon
Control #:
OR-HJ-202-02
Format:
PDF
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A12 Petitioner's Motion and Order Denying Continuance

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FAQ

Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.

A motion is a request asking a judge to issue a ruling or order on a legal matter. An opposing motion is a motion made seeking to have the request made in the opposing party's prior motion denied.

The court may adjourn (postpone) your case for a period of time, usually one or two weeks.

If you strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you can file a written Objection to the Motion to Continue, and file it with the court.

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.

The procedure for withdrawing a motion is the maker of the motion rises, and asks the presiding officer, I request that the motion be withdrawn. The presiding officer then asks the assembly, is there any objection to withdrawing the motion? If there is no objection, the presiding officer states, Hearing no

Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.

You can file a written response to the Motion to Continue, calling it something like an "Objection" or "Opposition." This MAY prevent the Court from entering a continuance without a hearing...

Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

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Oregon Petitioner's Motion and Order Denying Continuance