Tennessee Order of Continuance Form
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FAQ
A: Generally in civil cases, a default judgment will go down against you. In a criminal case, the judge will issue capias for your arrest or a failure to appear arrest warrant.
Bench Warrant ? Not showing up on your scheduled court date can cause the judge to issue a bench warrant (which is an order being issued for your arrest). It's a guaranteed way to make sure you show up in court next time. Once the judge has issued a bench warrant, you can be picked up anywhere.
What Happens When You Miss A Court Date? The court will issue what is called a ?capias.? In other words, they will put out a warrant for your arrest. This essentially means all officers in that county will be tasked with arresting you & bringing you into court.
What are the Possible Consequences for Failing to Appear? In Chattanooga, a suspect who fails to appear for court may have committed a Class A misdemeanor. The court may impose fines up to $2,500 and prison terms of up to 11 months and 29 days.
If the ticket is not paid within 10 days of the court date, the violator must appear in court on the scheduled court date on the bottom of the ticket and additional costs may be assessed. Failure to appear in court will result in a default judgment being taken against the violator.
On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.
Yes, you may reschedule your court date one time only. However, you must make your request to the court before your initial court date.
Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
