What is a good reason 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.

• Absence of witness or evidence.
• Absence or incapacity of counsel.
• Absence of party.
• Surprise.
• Other grounds.

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.

Why would a prosecutor ask for a continuance?

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.

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 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.

Why file a motion for continuance?

Within the complex tapestry of legal proceedings, the motion for continuance emerges as a critical tactical tool, granting a strategic hiatus in the legal process. This formal petition, designed to defer a scheduled court hearing or trial, encapsulates the fluid and often unforeseeable aspects of legal conflicts.

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.

What constitutes good cause?

Good cause is a legally sufficient reason for a ruling or other action by a judge . 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.

How long can you delay a court case?

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.

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 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.

How do I write a letter requesting 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.

What are the three reasons that delay is seen as a problem for the courts?

The chief reasons are that: (1) there is a long line of cases that need to be tried or resolved; (2) only some cases get to cut to the front of the line; (3) defense attorneys often have heavy caseloads, and need time to prepare their cases; and (4) in many instances, defense attorneys believe that it is in their ...

Why do court dates 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.

Do lawyers drag out cases?

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.

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 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.

Why would someone keep asking for a continuance?

Common examples of reasons to request continuance include: Service of process not made upon a defendant. In civil cases, all defendants must be adequately served with legal documents. If the service of process fails, the court may grant a continuance to allow the defendant time to prepare a defense.

How do you know if your case will be dismissed?

Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.

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.