Sample Letter for Motion to Continue
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FAQ
Include a memo line with your case number and the caption of the case (i.e., John Smith vs. Jane Doe). Then, address the letter to the judge who is overseeing your case by writing "Dear Judge <Last Name>:" Don't forget to include your request for continuance in the opening paragraph.
Sample Letter As I explained today, I need a continuance of the hearing on DATE. I am asking for a continuance because GIVE REASON. Please let me know by DATE if you will agree to a continuance. If you agree, please send me a letter, fax, or email that says that you agree to the continuance.
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.
If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.
Greet the judge with a formal salutation such as "Dear Judge So-and-So" or "Your Honorable Judge So-and-So." Identify yourself and your reason for writing to the judge in the first line of the letter's body. For example, "My name is Jim Jimerson and I am writing to reschedule our evidentiary hearing."
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... If the continuance is not granted, would I be able to file a motion for default after the 21st day. ?
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.
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.
