[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Address] [City, State, ZIP Code] RE: South Dakota Sample Letter concerning Continuance of Trial Date — Agreement to Continue Trial Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing regarding the upcoming trial date in the case of [Case Name], scheduled to be heard on [Trial Date] in [Court Name]. After careful consideration and discussions with all parties involved, including the opposing counsel, we have reached an agreement to request a continuance of the trial date. Both plaintiff and defendant are fully supportive of this request and acknowledge the need for additional time to adequately prepare the case for trial. Our reasons for seeking a continuance are as follows: 1. Discovery Process: The discovery process has been more time-consuming than initially anticipated due to the complexity of the case and the extensive amount of evidence involved. Both parties require additional time to thoroughly review and analyze the evidence presented. 2. Expert Witnesses: Expert witnesses play a crucial role in this case, and due to unexpected circumstances, their reports are not yet finalized. Extending the trial date will allow ample time for all expert witnesses to complete their reports and for both parties to review and respond to them properly. 3. Settlement Negotiations: Continuous settlement negotiations have taken place between the parties, and there remains a possibility that a resolution can be reached. By extending the trial date, we can ensure that all avenues for settlement have been exhausted before proceeding to trial, saving valuable court resources and time. Both the plaintiff and defendant have expressed their willingness to cooperate and support the request for continuance. We believe that the interests of justice will be best served by allowing this continuance to ensure a fair and thorough trial. Should the court grant our request, we propose the following timeline for the new trial date: 1. Proposed New Trial Date: [Proposed Trial Date] 2. Completion of Discovery Process: [Date] 3. Submission of Expert Witness Reports: [Date] 4. Finalize Settlement Negotiations: [Date] We kindly request the court's prompt attention and consideration of this matter. If necessary, we are prepared to provide any additional information or supporting documentation to facilitate the court's decision-making process. Thank you for your attention to this matter, and we appreciate your understanding of the need for a continuance. We remain at your disposal should you require any further clarification or have any questions. Sincerely, [Your Name] [Your Title/Position, if applicable] [Attorney/Firm Name, if applicable]
South Dakota Sample Letter concerning Continuance of Trial Date - Agreement to Continue Trial
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How to fill out South Dakota Sample Letter Concerning Continuance Of Trial Date - Agreement To Continue Trial?
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Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
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) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for hearing, unless the court finds good cause for hearing an oral motion.
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
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.
Ask at least 10 days before the court date if possible Generally, you can turn in a form to ask for a new court date and the court will make a decision and mail it to you. If the court date is less than 10 days away, though, you'll need to explain on the form why you waited so long to ask.
Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys.
The form must be submitted five (5) court days before the hearing you seek to continue. If the request is made less than 5 court days before the hearing on the Petition, an Ex Parte Application is required to seek a continuance, or the party may appear at the scheduled hearing and request a continuance.
