Raleigh North Carolina Motion and Order for Continuance - Civil Superior Cases

State:
North Carolina
City:
Raleigh
Control #:
NC-CV-221
Format:
PDF
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Description

Motion and Order for Continuance - Civil Superior Cases: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back. Judges may grant continuances in criminal cases, but only when a party shows good cause for needing the delay.

How much does an appeal cost? It usually costs $150 to file an appeal in court. You may not have to pay these court costs if you receive food stamps, Supplemental Security Income (SSI) or cannot afford this fee.

Where to File the Form: You must file the petition with the Office of the Clerk of Superior Court in the North Carolina county in which you were convicted. If you now reside in a different county, you still must file the petition in the county of conviction.

No set number of continuances are allowed in a court case. Whether continuances are granted and how many are granted rest entirely upon the discretion of the court.

Judicial Council Forms. To help you make sure that your court documents have the information the court needs, the California courts have created a set of court forms called Judicial Council forms.

In court, a motion to continue is a written request for the postponement of a court proceeding made by one or both parties of a legal dispute. Courts have the option to grant or deny a continuance based on whether a just reason for delay exists.

4.2 DOCUMENTATION OF CONTINUANCE All requests for continuances beyond 90 days from first calendaring before a judge shall be in a paper writing in the form of a letter or motion. The written request shall state the number of prior continuances and the ?extraordinary cause? necessitating the request.

For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.

All requests for continuances shall be by written motion which may be in the form of a letter. However, oral motions may be allowed when the reason for the continuance did not become known until immediately preceding the start of court.

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

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Raleigh North Carolina Motion and Order for Continuance - Civil Superior Cases