Motion for Continuance
What this document covers
The Motion for Continuance is a legal document filed by a defendant to request a postponement of a scheduled court date. This motion is crucial when a defendant needs additional time for legal preparation or when the circumstances surrounding their case change. Unlike other motions, a Motion for Continuance specifically addresses the need for delay without altering the core issues of the case itself.
Key parts of this document
- Defendant's name and attorney representation.
- Details regarding the original indictment and charges.
- Information about any petitions filed that may affect trial readiness.
- Specific requests for postponement, including the desired new court term.
- Certificate of service to confirm delivery of the motion to affected parties.
When to use this document
You should use the Motion for Continuance when you require extra time before your court proceedings. Situations may include waiting for essential evidence, changes in legal representation, or personal circumstances that hinder timely preparation. This motion helps ensure that you have adequate time to build your defense and avoid an unfair trial.
Who should use this form
- Defendants facing criminal charges.
- Individuals who have legal representation and need to postpone court dates.
- Individuals involved in cases that require additional time for legal preparation or hearings.
How to complete this form
- Identify the correct parties involved, including the defendant and the attorney.
- Fill in the details of the original charges and the related indictment.
- Describe any motions or petitions that affect the current proceedings.
- Specify the new court term or date you are requesting for the hearing.
- Sign and date the motion, and ensure all parties receive a copy as per the certificate of service.
Is notarization required?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Common mistakes to avoid
- Failing to provide sufficient reasons for the postponement.
- Not including all required parties in the certificate of service.
- Omitting the signature of the defendant or the attorney.
- Using incorrect terminology or formats that do not comply with local rules.
Benefits of completing this form online
- Immediate access to a professionally drafted document.
- The option to tailor the form to suit specific legal needs.
- Downloadable format for easy printing and filing.
- Convenience of completing the form at your own pace from any location.
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FAQ
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.
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...
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.
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.
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.
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.
A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.
Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.
