This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.
Virginia Motion for Continuance - Personal Injury
State:
Multi-State
Control #:
US-PI-0221
Format:
Word;
Rich Text
Instant download
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How to fill out 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.