This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without A Trial In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-0004LTR
Format:
Word;
Rich Text
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Description
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FAQ
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 ...
Written Motion: Most courts require a written motion for a continuance. This document should include your name, the case number, the current hearing date, and the reason for the request. It should be clear, concise, and respectful in tone. Propose a New Date: If possible, suggest a new date for the hearing.
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.)
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
Request for continuance must explain the reason or reasons that the conference should be continued and must indicate that the requesting party has conferred with opposing counsel or self-represented party, if any, and indicate what the position is of such counsel or party with regard to the request.
Primary tabs. 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.
Additional Resources: Rule 3.1332(c) of the California Rules of Court allows the judge to grant a continuance before or during a trial only on an affirmative showing of good cause requiring the 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 ...
More info
Request for trial date. Plaintiff must file a request for trial no later than 25 days after filing an unlawful detainer complaint.The pretrial hearing is an opportunity to see if your case can be settled without a trial. Continuances and Postponements Extend Deadlines. According to California courts, the other party to the case or witness has the right to object to the subpoena. Prior to the trial of your case, the District Attorney will meet with your Public Defender and offer a "plea bargain" to resolve your case without a trial. Judges keep their own calendars and their own availability in setting cases for trial. I submitted a request to be excused due to undue hardship based on this rule: "The prospective juror must travel an excessive distance. First Legal is the first true comprehensive File Thru Trial™ solutions firm. Restrictions of Alameda's civil trial departments. 4.
