This form is a sample letter in Word format covering the subject matter of the title of the form.
Order For Continuance Of Trial Date In Arizona
Category:
State:
Multi-State
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.
If you have a court date and you are not able to attend, or if you must provide documents to the court and cannot meet the deadline, you must file a Motion to Continue and a Notice of Hearing. Your request for a continuance and hearing must be filed as far in advance as possible.
A request for the Court to change an upcoming hearing to a later date for reasons such as incomplete disclosure or discovery processes, a conflict, illness, etc.
If you have a criminal conviction on your record and are granted a motion to set aside, the court will set aside the judgement of guilt, dismiss the complaint, information or indictment and order that you be released from all penalties and disabilities resulting from the conviction.
If you need to reschedule a court appearance, you must file a motion to reschedule at least ten business days before the scheduled court date. Please note that if your motion is not granted, you will be required to appear as scheduled.
If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date. Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date.
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
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 Is Considered a “Good Cause?” Either the defendant or prosecution needs more time to prepare for trial; The defendant became ill or experienced an unexpected life change; Witnesses cannot be tracked down or cannot attend the scheduled court date; The defendant needs more time to retain a lawyer;
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
More info
A request for continuance must be made no less than five (5) days prior to the scheduled hearing date and shall not be granted absent a showing of good cause. You should file an Agreement to Continue and an Order for Continuance if you are unable to attend court on the time or day currently scheduled.Your request for a continuance and hearing must be filed as far in advance as possible. A motion and order to continue should be submitted at least 2-3 weeks prior to your court hearing. 2. Please complete both forms in black ink only. The following article aims to assist parties and practitioners in determining when a motion to continue can or should be filed, and offers practice pointers. The court may order a continuance if you already have a scheduled hearing date but can't personally attend. Any request or motion to continue the trial date or extend the last day in a complex case must be in writing, pursuant to Rule 35.1. a. In deciding a motion to continue a trial date, the court must also consider the victim's views and the right of the victim to a speedy disposition of the case. The Petitioner or Respondent filed a Motion to Continue for the following court date: What is the court date for?
