What Are Good Reasons For A Continuance?

Can I get a continuance over the phone?

Automatic Continuances You can get a first continuance by contacting the clerk’s office and requesting one.

While I always fax a letter into the clerk’s office when making an official request, many clerk’s offices will continue your case if you request one over the phone..

How many times can a court date be rescheduled?

Generally speaking, you can ask as many times as you like — how many times the Judge will allow you to reschedule is a different question and one that cannot be answered by anybody but the Judge. Every case is different and every Judge…

How long can the court postpone your case?

eight monthsThere is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant’s claim that their right to a speedy trial is being denied.

How do I request a continuance?

When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.

How long can you ask for a continuance in court?

The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks. The court may grant the continuance if an agreement can be reached allowing the plaintiff time to see his son in the period of time before the trial.

How do you fight a motion for continuance?

If you strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you can file a written Objection to the Motion to Continue, and file it with the court.

What are some of the possible grounds for a motion for a continuance?

ContinuancesContinuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. … Continuances Based on Changing the Indictment or Attorney. … Continuances Based on Surprises.

Can I ask for a continuance on the day of court?

If you physically cannot be present on the court date, you can obtain a continuance either by appealing to the judge or agreeing with the opposing counsel on a new date. If you can appear before the court but won’t be ready for the case, you may be able to show up and ask the judge for more time.

Why does my case keep getting continued?

There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.

How do you ask for a continuance in civil court?

If you have time before the hearing and can make it to the courthouse, you should:File a declaration with the court asking for a continuance. … File your original declaration asking for a continuance with the court clerk. … Get ready for the hearing. … Go to the hearing.More items…

Can you request a continuance without a lawyer?

Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.

How many times can you ask for a continuance?

A continuance can be asked for as many times as someone might wish. Whether the judge grants is going to be based on the type of case, the rationale for the request, and the particular judge’s general stance on continuances.

What is a good reason to postpone a court date?

Requesting more time to pay a ticket or prepare for a traffic court trial. If you have a traffic court date coming up and don’t think you’ll be able to make it or need more time to prepare, you might be able to postpone the date by asking for a “continuance” or “extension of time.”

Can you push back a court date?

If you want to change your court date, you must ask for a postponement (also called a “continuance”). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

Does writing a letter to the judge help?

To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.

What if I can’t make it to court?

If you know you won’t be able to go to court on your scheduled date and you don’t have a lawyer, you can ask duty counsel to help you reschedule your appearance. This is called “bringing your matter forward”. You must arrange this well before your scheduled court date.

Can a continuance be denied?

A judge may deny a continuance when: the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. … the defendant fails to promptly inform the court of the surprise evidence or witness.