What constitutes a good cause for 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 factors should the judge examine when considering the prosecutor's request to postpone the trial?

The test requires the court to consider the length of the delay, the cause of the delay, the defendant's assertion of his right to a speedy trial, and the presence or absence of prejudice resulting from the delay.

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.

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.)

Why do prosecutors drag out cases?

Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.

What is the notion for continuance?

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.

Do both parties have to agree to a continuance?

You do not have to agree to the continuance. However, if this is the first request for a continuance the court will probably grant it. If the opposing party keeps asking for more continuances, at some point the court will get frustrated and say no.

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.

What is a motion for good cause?

Good cause is often the burden placed on a litigant by the court to show why a request should be granted or an action excused. For example, in case of dismissal for lack of prosecution the court may place the burden on a litigant to show good cause for not prosecuting the case.

What are two reasons for granting a trial continuance?

Why do lawyers delay cases?

It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.

What is an example of continuance?

Example: In a custody hearing, the plaintiff has had no visitation with his son. 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.

What is considered weak evidence?

If there's a lack of substantial proof or the evidence against you is mainly circumstantial, this could indicate a weak case. Perhaps they have no witnesses or DNA evidence.

Do lawyers drag out cases to get more money?

the three things defense lawyers absolutely love to do: delay, delay, and delay. Indeed, they have all the incen- tive in the world to prolong the case and drag things out. The more time they spend spinning their wheels, the more hours they can bill to their clients.

Why should you never take a plea bargain?

Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.

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.

Is continuance a good thing?

A continuance can provide many advantages if used appropriately: Time to Build a Strong Defense: More time can allow your lawyer to gather additional evidence, secure vital witnesses, or consult with experts that will strengthen your defense.

Why does a case keep getting continued?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys.

Why would a judge deny a motion?

When a motion is denied, it means the court has rejected the request made in the motion, finding it lacks sufficient merit or legal basis. This decision prevents the requested action or ruling from being implemented in the case.

Why does my court case keep getting pushed back?

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.

What does it mean when a continuance is granted?

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.