How many times can you file a motion for continuance?
Asked by: Prof. Simeon Crona | Last update: April 7, 2025Score: 4.9/5 (38 votes)
It depends on the court, but the judge will usually grant a continuance at your first court date with no questions asked. By the second court date, the judge may be reluctant to grant another continuance but he probably will do it. Don't expect another continuance after the first two.
How many continuances can someone get?
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.)
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 ...
Can a motion for continuance be denied?
In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case.
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
Motion For Continuance
Do both parties have to agree to a continuance?
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.
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.
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 do I object to a continuance?
An objection to a continuance should be clear and positive, though no particular form of words is required. Words such as “I object,” or “We want it tried,” are clear enough. Expressions such as “Well, we leave it up to the court,” or “I cannot consent,” are equivocal, and will not be taken as objections.
How many times can a case be retried?
How many times can a defendant be retried? For those facing hung jury retrials, it's as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict. There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants.
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
What is the strongest form of evidence against a defendant?
The reading material proposes that one of the most grounded types of proof against a litigant is immediate proof. Direct evidence refers to evidence that directly proves a fact without the need for inference or presumption. It provides an unequivocal link between the defendant and the alleged offense.
How many times can I continue my court date?
There is no magic number of times you can ask. It depends on the judge and the reason for the request. You can't keep going to court asking for a continuance for the same reason over and over again.
What is a stipulation for continuance?
The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.
Why does my case keep getting continued?
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. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
What is a motion to reset?
Motion and Order to Reset is to put the matter before the court again.
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.
How do you redirect in court?
Redirect examination: When a person is testifying in court, the other side can ask them questions to try and challenge what they said. This is called cross-examination. After that is done, the first side can ask more questions to help clarify anything that was challenged. This is called redirect examination.
What is a good cause for a continuance?
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
Does writing a letter to the judge help?
Writing a letter to a judge requesting leniency can be a crucial step in influencing the outcome of a sentencing. Such letters, often submitted during the sentencing phase of a criminal case, aim to persuade the judge to impose a lighter sentence.
How do you write a letter to a judge for a continuance?
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.
How many times can the defense ask for a continuance?
If the defense is asking for continuances, he would be expected to provide the judge with a good reason for it Without a good reason, the judge won't grant it. With a valid reason, one side or the other can almost always get a continuance. There's no set amount of continuances that can be obtained.
What are two reasons for granting a trial continuance?
- Absence of witness or evidence.
- Absence or incapacity of counsel.
- Absence of party.
- Surprise.
- Other grounds.
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.