Trial Continuance Without A Finding In Clark
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FAQ
Writing Your Letter Search for a form letter. Some courts print off forms that you can use to request a hearing. Open a word processing document. Insert a salutation. Add a heading. Begin the letter with your request. Explain why you need the hearing. Provide a contact number. Sign the letter.
(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 ...
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.
Write the judge a letter as soon as you know you're not able to attend court. Explain the reasons why you have to miss your court date, and provide any documentation for proof, like a note from your doctor or work supervisor.
You can make a motion to get a continuance. A motion is simply asking the court to do something. So you file a motion to continue -- this is requesting the judge give you more time. Best to file this in writing with the clerk of the court AND send a copy to the other side.
__________ (Name), __________ (plaintiff or defendant) in the above-entitled and numbered action, moves the court for a continuance in this action until __________ (date), on the ground that __________ (plaintiff or defendant) will be unable to attend the trial due to the following facts: 1.
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
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.
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.
