A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or witness, necessity of extra time to prepare for the matter, and several other grounds.
Vermont Motion for Continuance Due to Absence of Witness and Notice of Motion
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US-01072BG
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How to fill out Motion For Continuance Due To Absence Of Witness And Notice Of Motion?
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Required to be served upon a party unless a Superior Judge otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties.
The plaintiff's attorney shall deliver to the person who is to make service the original summons or a copy upon which to make a return of service and a copy of the summons and of the complaint for service upon the defendant.
Continue means to postpone or reschedule. The motion should be filed well ahead of the scheduled court date. In your motion, you must explain why you are asking to reschedule. You must also say whether the other party agrees with your request to continue.
Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned document shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.
A civil action is commenced by filing a complaint with the court, except that in any case where attachment of real or personal property or attachment on trustee process is not to be made, or goods are not to be replevied, an action may be commenced by the service of a summons and complaint.
The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
Rule 5 - Appearance Before a Judicial Officer (a)In General. When a person arrested with or without a warrant, or served a citation or summons, is brought or appears before a judicial officer as provided in Rules 3 and 4, the judicial officer shall proceed in ance with this rule.
The officer or other person shall execute the attachment by taking into possession or otherwise encumbering nonexempt goods, chattels, real estate, or other property of the defendant in the manner provided by statute. Any writ of attachment shall be executed within 30 days after the date of its issuance by the clerk.
