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 interested party, necessity of extra time to prepare for the matter, and several other grounds.
In the legal context, a motion for continuance is a formal request made by one party to postpone a scheduled hearing, trial, or other court proceedings. This motion is typically filed when unforeseen circumstances or valid reasons hinder a party's ability to proceed on the scheduled date. In West Virginia, the specific document used to file a motion for continuance is called the "West Virginia Generic Motion for Continuance and Notice of Motion." The West Virginia Generic Motion for Continuance and Notice of Motion comprises several essential elements necessary for a successful request. The document starts with a heading that includes the court's name, case number, and the parties involved. Following the heading, the filer adds their name, contact information, and representation status (either the party's attorney or self-represented). Next, the motion outlines the reason for the continuance, providing a detailed explanation of the circumstances that necessitate the postponement. Common grounds for seeking a continuance include the unavailability of witnesses, a sudden illness or emergency, lack of preparation time, or a scheduling conflict. The motion should also mention the date and time of the original hearing or trial, as well as the new proposed date for the rescheduled proceedings. Additionally, the party filing the motion must demonstrate that they have notified all opposing parties or their attorneys about the request by including a "Certificate of Service" section in the document. It's worth mentioning that while West Virginia uses a generic motion for continuance, parties may customize the document to fit the specific requirements of their case. This customization may include adding additional details, facts, or legal arguments to strengthen their request for a continuance. Moreover, certain types of cases or circumstances might have special provisions or designated forms for requesting a continuance. These may include but are not limited to: 1. Civil Cases: In civil cases, a specific motion for continuance form may be available, tailored to the unique needs of civil litigation. The West Virginia Rules of Civil Procedure can provide further guidance on the specific requirements and forms. 2. Criminal Cases: Criminal cases might require a different format or considerations when filing a motion for continuance, as the defendant's right to a speedy trial is a critical factor. Consultation with an attorney or referring to the West Virginia Rules of Criminal Procedure is advisable for a thorough understanding of the process. 3. Family Law Cases: Family law matters, such as divorce, child custody, or support hearings, often have their own set of rules and procedures. Parties involved in family law cases should consult the West Virginia Rules of Family Law or seek legal advice to determine any additional requirements for filing a motion for continuance. It is crucial to research and identify any case-specific rules, forms, or procedures when filing a motion for continuance in West Virginia to ensure the court can review and consider the request efficiently.
