Virginia Sample Letter for Continuance - Notification of Court Administrator
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FAQ
Prior work, school, or family obligations. financial hardship. needing more time to prepare for a traffic court trial, or. a key witness for your case is unavailable.
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.
A request for a continuance must be made in person on your court date before the judge. If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date.
Continuances are filed in person, by phone, or by email. The clerk's office will process a first continuance request. All second and subsequent requests will be reviewed by a Judge. For serious misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.
A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial.
Continuances requested without agreement of all parties may be granted only by a judge for good cause shown. Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days' notice to the Court and all parties and/or counsel of record.
