A Virginia Motion for Continuance — Personal Injury is a legal request filed by either the plaintiff or the defendant in a personal injury case, seeking to delay or postpone a scheduled court hearing or trial. This motion is typically filed when there is a legitimate reason for needing more time to prepare or gather additional evidence. There are several types of Motion for Continuance that can be filed in a personal injury case, depending on the specific circumstances. These may include: 1. Standard Motion for Continuance: This is a general motion filed when both parties agree to the need for a continuance due to valid reasons such as the unavailability of key witnesses, unexpected discovery of new evidence, or scheduling conflicts with attorneys or the court itself. 2. Emergency Motion for Continuance: This type of motion is filed when a sudden and unforeseen event occurs that makes it impossible or impractical for the case to proceed as scheduled. Examples can include serious illness, accidents, or other emergencies affecting the parties involved or their legal representatives. 3. Motion to Continue for Settlement Negotiations: When the parties are actively engaged in settlement negotiations and believe that more time will facilitate a potential resolution, a motion for continuance can be filed. This allows the parties to explore settlement options before the case proceeds to trial. 4. Motion for Continuance Based on Witnesses' Unavailability: This motion is commonly filed when key witnesses are unable to attend the trial due to illness, travel obligations, or other compelling reasons. It is crucial to show that the testimony of these witnesses is vital to the case and that their absence would cause prejudice. 5. Motion for Continuance to Obtain Expert Witnesses: If a party needs additional time to secure expert witnesses who can provide specialized knowledge or testimony crucial to the case's outcome, this motion can be filed. It is essential to establish that the expert's testimony is indeed necessary and that their participation will significantly impact the trial's fairness. When filing a Virginia Motion for Continuance — Personal Injury, it is vital to include relevant supporting documentation, such as affidavits, medical records, or any other evidence that substantiates the need for a delay. It is also recommended consulting with an experienced personal injury attorney who can guide and assist in preparing a persuasive motion.
Virginia Motion for Continuance - Personal Injury
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How to fill out Virginia Motion For Continuance - Personal Injury?
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Jury Trial of Right. (a) Jury Trial Situations Unchanged. The right of trial by jury as declared by the Constitution of Virginia, or as given by an applicable statute or other authority, is unchanged by these rules, and shall be implemented as established law provides.
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.
Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
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.
Upon finding that the plaintiff did exercise due diligence to have timely service and denying the motion to dismiss, the court shall require the person filing such motion to file a responsive pleading within 21 days of such ruling.
In Virginia, generally, the statute of limitations is two years for a personal injury and wrongful death actions.
The year-and-a-day-rule is a common law rule providing that no defendant can be convicted of murder unless his victim dies by the defendant's act within a year and a day of the act. 1 If the death does not occur within this period, the law will conclusively presume that the death is the result of intervening causes.