How do I ask for more time in court?
Asked by: Dr. Lillie Bradtke IV | Last update: September 26, 2025Score: 4.2/5 (33 votes)
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
How to request more time in court?
Generally, for extension requests, most judges require both parties to “confer” (communicate with one another) and try to obtain the other party's consent for extra time. If the other party does not give their consent, you can still move forward with filing your request.
How to write a letter to a judge asking for more time?
Begin with a formal salutation, such as "Dear Judge [Last Name]," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
What are good reasons to ask for a continuance?
- 1. Not having an attorney or not having had the time to look for an attorney.
- 2. Illness of party or attorney.
- 3. Attorney having an unexpected event occur in another case that would cause them to be unable to attend.
- 4. Family emergency.
- 5.
What is it called when you ask the judge for more time?
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.
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How to get a court date moved up?
You can file a motion to reset or reschedule the court date and see if the judge and the state will agree. Good cause would need to be shown and you would need to explain why this should be done, if the docket allows for it.
How to get a judge to rule in your favor?
Judges expect advocates to present arguments completely and honestly. Completely means knowing the record as well the adversary's con- tentions. Honestly means presenting all information accurately, even if that requires the advocate to concede some points. a trial or appellate judge is to win.
What is a good cause for continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Do judges usually grant continuance?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
Why do lawyers delay cases?
Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.
How to plead for an extension of time?
- Ask for an extension as soon as you know you'll need it.
- Meet with your supervisor in person, if possible, to explain the situation.
- Offer valid reasons why you're asking for an extension and the ways you've tried to keep the project on track.
How do you write a convincing letter to a judge?
- Start with a Clear Introduction. ...
- Introduce Yourself and Establish Credibility. ...
- Provide Reasons for Leniency. ...
- Tell a Story or Give Specific Examples. ...
- Provide Your Contact Information. ...
- Not the Same as a Motion to Modify a Sentence.
Can you ask the judge for more time to get a lawyer?
One certainly should do everything reasonable to prepare in the time remaining, but if one decides to seek a continuance from the judge, a good starting point for such a request is to state that the right to counsel (under the Sixth Amendment to the U.S. Constitution and Article I, § 15 of the California Constitution) ...
How to write a request for continuance letter?
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.
How can I speed up my court case?
A motion for summary judgment is a request to the court to decide a case without a trial. This can be a much faster option than going to trial. Nevertheless, securing the guidance of a seasoned legal counsel is imperative to guarantee the accurate filing of the motion and the protection of your rights.
Can I ask for a continuance without a lawyer?
Can I Get a Continuance Without a Lawyer? All parties in a case have the right to request continuance whether they have hired a lawyer or are ready to represent themselves in court. However, in addition to ensuring they have a valid reason, the requesting party must follow the court's proper requesting procedures.
Under what circumstances will a judge grant a motion?
How do I get the judge to grant my motion? A judge will make his/her decision on a motion based on the law that applies, the facts of the situation, and the arguments made by the parties for, and against, the motion.
How many times can you ask for a continuance?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
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.
Is a continuance in court a good thing?
A continuance may give you the time needed to secure your testimony. For example, consider you're charged with a serious crime, but a critical expert witness is unexpectedly unavailable. If that expert's testimony is essential to your defense, your attorney may request a continuance to ensure they can testify later.
What should you never say to a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What is the best thing to say in court?
No matter how upset you are or feel the process is unfair, do NOT discuss the facts of your case in open court. Let your attorney do the talking and only answer “yes, your Honor” or “no, your Honor” when a question is specifically directed at you by the judge.
What do judges want to hear?
At the end of the day, a judge wants to hear three things: accountability, responsibility, and remorse. They also want to hear your reasoning. Why did you commit the crime in the first place?
Can a lawyer move up a court date?
If you're represented by a lawyer, then changing your court date can potentially be as simple as asking your attorney to do it for you. Your attorney will likely need to confer with the court and with the opposing party in order to secure a new court date. A court hearing may even be required.