A Washington Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document that seeks a postponement of a trial or hearing in order to allow additional time for discovery or to address a pending summary judgment motion. It is important to understand that there may be different types or variations of this motion, depending on the specific circumstances of the case. When a party involved in a lawsuit feels that there is a need for more time to gather evidence, interview witnesses, or collect pertinent information, they may file a Motion for Continuance to Complete Discovery. This type of motion is typically filed when the discovery process has not been completed before the pretrial conference or trial date. It seeks to delay the proceedings until all necessary discovery has taken place, ensuring that each party has an equal opportunity to access and present relevant evidence. By requesting a continuance, the party hopes to prevent unfairness caused by insufficient time for discovery. Alternatively, a party may file a Motion for Continuance of Summary Judgment Motion if they believe that more time is necessary to adequately respond to a pending summary judgment motion. A summary judgment is a legal procedure used to resolve a case without a full trial when one party believes there are no material facts in dispute, and they are entitled to judgment as a matter of law. If a motion for summary judgment has been filed against a party, they may request a continuance to gather additional evidence, interview witnesses, or present arguments that may counter the motion and demonstrate genuine factual disputes. In both types of motions, the requesting party must provide detailed arguments, supported by legal authorities and facts, to justify the need for a continuance. It is essential to explain why the additional time is crucial for completing discovery or responding to a summary judgment motion, and how the postponement will serve the interests of justice. The motion should outline the specific steps that need to be taken, the anticipated timeframe required, and the potential benefits to the case's resolution. When filing a motion in Washington state courts, it is important to comply with all applicable procedural rules and local court practices. Researching and referencing relevant statutes, regulations, and case law can contribute to the strength of the arguments presented. Consulting with an experienced attorney who specializes in Washington litigation can provide valuable guidance throughout the process, helping to ensure that the motion is comprehensive and compelling. Overall, a Washington Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a strategic legal tool used to request a delay in the proceedings to allow for additional discovery or to respond to a pending summary judgment motion. The specific type and grounds for the motion may vary based on the unique circumstances of each case.
Washington Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of a pleading, but a response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
A Stipulated Order of Continuance (SOC) is a pretrial disposition option in the state of Washington. In an SOC, in return for completion of a number of conditions, a case is dismissed at the end of the monitored program.
If your trial is in less than 10 days: Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
The Motion for Continuance must contain the following: 1. A detailed explanation of your reasons for the continuance along with any supporting documentation if applicable; 2. A detailed explanation of your effort to contact the opposing party/attorney regarding the continuance; 3. Your signature; and 4.
Go to the hearing. The judge may ask you why you want a continuance. A judge who agrees to give you a continuance will usually also schedule a new hearing date at that hearing. If you only have a few days before the next hearing, ask the judge what your deadline is for filing your response.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.