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What is a continuance? A continuance changes the date of a court hearing or trial to a later date. You can ask a judge for a continuance by filing a motion for continuance.
The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
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.
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
2610 Step 1: Schedule a continuance hearing. 2610 Step 2: Fill out these forms. 2610 Step 3: Turn in your motion form. 2610 Step 4: Send a file-stamped copy of your motion to the other side. 2610 Step 5: Go to the continuance hearing.
You must fill out and sign a "reset form" at the Court Clerk's office. If you wish to reschedule your court date more than once for any reason, you must file a written "Motion for Continuance" at the Court Clerk's office on or before the scheduled court date.
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.