So you have a trial setting but you're not ready for trial you haven't done mediation you need more information witnesses aren't available ah what do you do well what you do is you do a motion for continuance and that's the topic of today's video hi i'm sean palmer with the palmer law firm and today we're going to talk about what you do when you need some extra time to be able to get the full case for your family law matter before the court so the courts or people sometimes on their own go and schedule their trials on certain dates most of the times the court will set out trial on a specific date after a certain amount of time has elapsed since the the filing of the lawsuit courts want to do this to try to get their cases moving along make sure things aren't just hanging out there without any action happening and clear their dockets but there's a lot of good reasons why you sometimes have to delay and push that off to a later date because you're just not prepared the point of going to trial of course is to present your case to the judge and the judge wants to hear all the information so the judge is going to want to make sure that the parties are as prepared as as is reasonable and if there's any requests for time to make it so that the trial will be more productive the courts generally will grant that unless there's been undue delay going on so there will may be times during your case when your attorney is going to suggest that uh more time is needed and that we should try to get the trial setting moved backwards for...
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What you should know about Motion for Continuance Example
- Form used to request a postponement of a court hearing.
- Must be filed with the court in advance of the scheduled hearing date.
- Requires a valid reason for the request.
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About Motion For Continuance Example
A Motion for Continuance is a formal request made by one party in a legal case to postpone or delay a scheduled hearing, trial, or other legal proceedings. It is typically submitted by an attorney on behalf of their client, although individuals representing themselves can also file this motion. There can be various reasons why a party might need to file a Motion for Continuance. Some common examples include: 1. Insufficient time to prepare: If a party feels that they have not had enough time to adequately prepare their case, they may request a continuance to allow for more time to gather evidence, interview witnesses, consult with experts, or research the law. 2. Scheduling conflicts: A party may request a continuance if there is a scheduling conflict that prevents them from attending the hearing or trial on the originally scheduled date. This could be due to the attorney or a key witness being unavailable, or a conflict with another court appearance. 3. Medical or personal emergencies: Unforeseen circumstances such as medical emergencies, family emergencies, or other personal reasons may necessitate a continuance request. The party must demonstrate that the circumstances are genuine and would significantly affect their ability to participate effectively in the proceedings. 4. Newly discovered evidence: If a party obtains new evidence that is crucial to their case, they may request a continuance to allow time to investigate and present the evidence properly. 5. Settlement negotiations: Parties involved in a lawsuit might request a continuance if they are actively engaged in settlement discussions and need additional time to reach an agreement without going to trial. It is important to note that granting a Motion for Continuance is at the discretion of the presiding judge, who will consider the reasons presented, the impact on the other party, and the overall interest of justice before making a decision.
How to complete a Motion for Continuance Example
- Next, state the date you are requesting a continuance from and the reason for your request
- Sign the form with your name, current address, and phone number
- Make sure to fill out the Certificate of Service section as well
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