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Trial Continuance Without A Finding In Nevada
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Multi-State
Control #:
US-0004LTR
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Word;
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FAQ
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.
If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.
Placed on file without a finding: A legal term used to describe the disposition or outcome of a case. It means you maintain your innocence or continue your not-guilty status for a period of time conditioned upon good behavior and possibly some other conditions.
Absolutely. You would just need to draft it and explain why you need 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 ...
__________ (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.
Rule 60. Relief From a Judgment or Order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
More info
Rule 7.30 - Motions to continue trial settings (a) Any party may, for good cause, move the court for an order continuing the day set for trial of any cause. Rule 15 - Continuances 1.Any party may, for good cause, move the court for an order continuing the day set for trial of a criminal case. This Motion can be used to request the court to postpone any hearing or trial. When a case is continued generally there is NO admission. They both end up in the case being dismissed. During the arraignment you will need to enter a plea, in most cases that plea will be not guilty and the case will be sat for trial. It covers some of the basic rules governing the setting and conduct of trial in the state of Nevada. Planning to request a continuance in a criminal trial? Learn what are the valid reasons for requesting it and how to obtain it.
