An official website of the Commonwealth of Massachusetts, This page, Superior Court Rule 33: Continuances of trial, is. Not showing up for court on the day that you are scheduled to arrive could cause you to lose your claim. You must have a plan to go forward on the original hearing date if the judge does not give you a continuance. You must have good reason or be able to show cause. 0000006769 00000 n A defendant in a criminal case may be able to postpone their court hearing by waiving their right to a speedy trial and requesting a continuance. Although there are many acceptable reasons for a civil court continuance and acceptable reasons for criminal court continuances, the court may deny a Motion to Continue if it determines the reason cited to be invalid. When asking for a continuance, you may say something like, Your Honor, I would like to request a continuance so that I may have more time to prepare for my case. In other words, a continuation postpones the date of a court hearing or trial until a later date. This is done by filing a Motion to Continue with the court. In a civil case, the plaintiff can be an individual, a private company, a nonprofit organization or a government entity. If you need assistance, please contact the Superior Court. Visit Northwest Justice Project to find out how to get legal help. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. The rules of civil procedure require that a continuance motion be verified: No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law. Tex. Steps to Requesting a ContinuanceHave a Good Reason The first thing you will need to request a continuance is a valid reason. Serve the Request In addition to submitting your request to the court, you must also deliver a copy of your request (by mail or courier) to the Plaintiff or File a Proof of Service The commission may require a confirmation letter or email if a party makes an oral request. Name of person asking to reschedule the hearing (specify): Page 1 of 2. 8% )2 endstream endobj 627 0 obj 149 endobj 599 0 obj << /Type /Page /Parent 592 0 R /Resources << /ColorSpace << /CS2 602 0 R /CS3 605 0 R >> /ExtGState << /GS2 625 0 R /GS3 624 0 R >> /Font << /TT3 604 0 R /TT4 601 0 R /TT5 611 0 R >> /ProcSet [ /PDF /Text ] >> /Contents [ 607 0 R 609 0 R 613 0 R 615 0 R 617 0 R 619 0 R 621 0 R 623 0 R ] /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 /StructParents 0 >> endobj 600 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -558 -307 2034 1026 ] /FontName /TimesNewRoman,Bold /ItalicAngle 0 /StemV 160 >> endobj 601 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 150 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 278 500 500 500 500 500 500 500 0 0 500 0 0 0 0 0 0 0 722 667 722 722 667 611 778 778 389 500 0 667 944 722 778 611 778 722 556 667 722 722 1000 0 722 0 0 0 0 0 0 0 500 556 444 0 444 333 0 0 278 0 0 278 833 556 500 0 0 444 389 333 556 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 0 0 0 500 ] /Encoding /WinAnsiEncoding /BaseFont /TimesNewRoman,Bold /FontDescriptor 600 0 R >> endobj 602 0 obj [ /CalRGB << /WhitePoint [ 0.9505 1 1.089 ] /Gamma [ 2.22221 2.22221 2.22221 ] /Matrix [ 0.4124 0.2126 0.0193 0.3576 0.71519 0.1192 0.1805 0.0722 0.9505 ] >> ] endobj 603 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 >> endobj 604 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 148 /Widths [ 250 0 0 0 500 833 0 0 333 333 500 0 250 333 250 278 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 444 0 722 667 667 722 611 556 722 722 333 389 0 611 889 722 722 556 0 667 556 611 722 722 944 0 722 0 333 0 333 0 500 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 500 333 389 278 500 500 722 500 500 444 0 0 480 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 444 444 ] /Encoding /WinAnsiEncoding /BaseFont /TimesNewRoman /FontDescriptor 603 0 R >> endobj 605 0 obj /DeviceGray endobj 606 0 obj 1065 endobj 607 0 obj << /Filter /FlateDecode /Length 606 0 R >> stream 0000001721 00000 n In your Form SC-150 or letter, give the judge a good reason why you are filing your request late. be called for trial. Find out how much your case is worth in minutes. You will need a copy of the order for hearing that you wish to move/delay. Make copies of the documents for yourself. Should I talk with a lawyer if I need a continuance? You may have topay a $10 filing fee to ask for the postponement. Criminal law and civil law are two completely separate areas of law, and as such, different rules apply to each of them. In paragraph 2, state in detail why you are requesting a continuance and why you need to have the matter rescheduled. Get matched with a personal injury attorney in 60 seconds or less. The judge may not give you a continuance. Not for sale. However, it may be possible to have the filing fee waived if you can prove to the court that you cannot afford to pay the fee. A PFA HEARING, USE THE MOTION FOR CONTINUANCE OF A PFA HEARING FORMS. When one is granted, it occurs in the interest of making the upcoming trial fairer, in an effort to pursue a just outcome. Anyrequest for a trial continuance shall be in the form of a written motion, with notice to all parties. The court will mail you an Order on Request to Postpone Trial (Form SC-152) stating the courts decision on your request or may use another type of similar notice. Presiding Judge Erick Larsh Urges Bar and Litigants to Use Remote Appearance A judge may be reluctant to grant a continuance if the defense still has sufficient time to prepare, or if the evidence is related to evidence that had been disclosed to the defense. Rule 2-508 - Continuance or Postponement. Rulings on any request for continuance prior to the day of court the case is calendared shall be as follows: Speeding and other waivable or minor traffic offenses: The Clerk of Court or an assistant or deputy clerk may continue the case to the officers Courts generally will give or send copies of the court order with the new court date to you and the others involved in the case and/or their attorneys; however, some courts may require you to notify the other people involved in the case. A case may be postponed as many times as the court deems it to be necessary. A good reason for a trial to be extended is a reason that does not originate from the seekers misjudgment or poor diligence. Good cause means a very good reason for changing the date that is already set. 3. You need more time to get important evidence or subpoena an important witness. If you dont see it, disable any pop-up/ad blockers on your browser. If you need to reschedule, you may file a written request with the clerk at least 5 days before your scheduled court date. I would like this Court to continue the hearing because: Unless time does not permit, a request for continuance shall be made in writing, and shall be filed with the court and served upon all parties at least 7 days before the hearing. 0000006792 00000 n Either fax your written request to (757) 385-1063 or mail it to:Virginia Beach General District CourtAttention: Traffic Division2425 Nimmo ParkwayVirginia Beach, Virginia 23456-9057. (c) Rulings on any request for continuance . Post a question on the site, and an attorney responds via email. The other party might only agree to a continuance if you agree to certain things before the next hearing. Such written request will be placed with the case documents; and on the court date, the Judge will consider your request. In many civil cases, both parties are required to agree to the continuance and proposed new court date. This subdivision applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a). The judge will complete and sign the form. If the court postpones the trial, it will give you the new court date on Form SC-152 or on a similar notice. granted by the chief administrative judge for General Sessions Court. A continuance changes the date of a court hearing or trial to a later date. Aggravating and Mitigating Factors in Criminal Sentencing, Receiving Immunity for Testimony in a Criminal Case, Admissibility of Evidence in Criminal Cases, Motions for a New Trial in Criminal Cases, Competency to Stand Trial for Criminal Defendants, Judgments of Acquittal in Criminal Trials, Immigration Removal Proceedings and Criminal Law, Your Rights During a Police Stop on the Street, Constitutional Rights in Criminal Proceedings, The Right to a Speedy Trial in a Criminal Case, The Right to a Public Trial in a Criminal Case, Protections Against Double Jeopardy for Criminal Defendants, The Search Warrant Requirement in Criminal Investigations, Limits on Searches and Seizures in Criminal Investigations, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. A key witness is not available to appear in court on the date of the trial. The other party or lawyer must tell the court they want the hearing continued. A continuance granted by a presiding judge cannot extend How to ask the court to let you attend a hearing over the phone. I am filing this through the courts TrueFiling program and will fill out the Certificate of Service there. to the foregoing matter what fact or facts he believes the witness if present Amotion for a trial continuance shall: a. identify the party or parties seeking the continuance, and state, if known, whether there is any opposition; b. statethe grounds for the requested continuance; and. negotiate a continuance with the other side. 0000010220 00000 n File an extra copy for the judge. Please do not include personal or contact information. In fact, some states specify that criminal cases must be tried within a specific time frame. There is no specific length of time a continuance must be. 0000003867 00000 n The Superior Court of Orange County offers several options to assist the public in completing court forms: State Judicial Council Approved Forms: All statewide approved forms are Will granting the continuance potentially make the trial more difficult for the court, such as allowing specific pieces of evidence to degrade? What Is Discovery in Law? Because both parties agree, there is no need for a hearing. Either fax your written request to (757) 385-5682 or mail it to:Virginia Beach General District CourtAttention: Civil Division2425 Nimmo ParkwayVirginia Beach, Virginia 23456-9057. 0000003238 00000 n If youve filed a request for a continuance and havent heard from the court clerk by a few days before your trial, you may call the court clerk to get the information about your continuance. (Read. 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