This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without Evidence In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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 ...
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 ...
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.
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.
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.
Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation. How do I notify the court? You can notify the court by directly speaking to the court clerk or filing a motion for continuance before the hearing begins.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
More info
The "pretrial" phase generally refers to the time after someone has been arrested and arraigned, but before the case is at trial. Court cases that go to trial go through five basic steps.Each step is explained below. Generally whether or not to grant a continuance is within the discretion of the trial Court. Counsel may not stipulate to a continuance of a TSC, MSC or Trial without Court approval. Defendants must file a written answer to the complaint within 35 days of the date shown on the summons. Each defendant must file a separate answer. It permits a party opposing summary judgment or adjudication to ask to continue the motion to obtain evidence essential to the opposition. Best to file this in writing with the clerk of the court AND send a copy to the other side. Learn how to file restraining orders for domestic violence, including steps for temporary and final orders, child custody, and resources for victims.
