Can a continuance be denied?

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.

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Sample Letter for Trial Continuance - Attempt to Schedule New Trial

Continuance For Trial In Philadelphia

Category:

Letters - Legal - Continuance

State:

Multi-State

County:

Philadelphia

Control #:

US-0004LTR

Format:

Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

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.

The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.

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.

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 ...

Hearings will only be continued for a valid reason. To request a continuance, send a letter to Patricia R. McDermott, Deputy Court Administrator, 34 S. 11th Street, 5th Floor, Philadelphia, PA 19107, with a copy to the other parties at least ten days before the hearing date.

Continuances may be granted for cause or by agreement. B. Continuances shall be to a specific time and date. The magisterial district judge shall note continuances on the docket and shall promptly give or mail to the parties written notice of continuances.

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;

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Commonwealth of Pennsylvania. Citation Number(s): vs. Defendant.A continuance may be granted, or appropriate administrative action taken in the event of filing of a claim in excess of the Court's jurisdiction. A ground for a new trial or a judgment notwithstanding the verdict may not be raised for the first time in the Motion for PostTrial. Relief. A party seeking a continuance should notify the court and opposing counsel as soon as possible. O Motion for Continuance is GRANTED and the matter is rescheduled for the _____ day of ______, 20____ at ______.m. How to request a continuance in Philadelphia Municipal Court? You file the motion asking for a continuance in the office of the Prothonotary in your county. There may be a filing fee to file the motion. Court of Common Pleas (Phila.

Continuance For Trial In Philadelphia

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Can a continuance be denied?

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