This form is a sample letter in Word format covering the subject matter of the title of the form.
Sample Letter To Court Requesting Continuance In Fulton
Category:
State:
Multi-State
County:
Fulton
Control #:
US-0015LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Judge might deny it because it's becoming an older case and needs to be moved along, especially as it nears 5 years. Judge might want an explanation if trial has been set for many months and you show up weeks before asking to continue the trial without explaining.
Continuances Are at the Judge's Discretion Just because a person requests a continuance does not mean that it will be granted by the court. Continuances are discretionary, which means that the judge in your case has a great deal of flexibility when it comes to granting your request for a continuance.
I would like this Court to continue the hearing because: EXPLAIN REASON. PETITIONER/PLAINTIFF, v. RESPONDENT/DEFENDANT. I RESPECTFULLY REQUEST that the Court grant my Request for Continuance.
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 is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
If the request is made less than 5 court days before the hearing on the Petition, an Ex Parte Application is required to seek a continuance, or the party may appear at the scheduled hearing and request a continuance.
You must explain your reason for making the request and be sure to include the case number, the year of your case, the scheduled date of the hearing you will not be able to attend, and the Part and room number where your case is scheduled. Address the letter to the appropriate civil court clerk's office.
For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date. “Good cause” means a very good reason for not being able to get ready for your case or go to your hearing on the schedule date.
Introduce yourself to the Court. Explain how you know (and how long you have known) the defendant. Make it personal when describing the defendant's characteristics. Can you think of examples of good deeds done by the defendant (hard work, dedication to family/church/community, generosity, etc).
More info
Said hearing shall be continued until the next available. (Trial) (Motion) calendar.The first thing you will need to request a continuance is a valid reason. The party seeking the continuance must also show it has used due diligence in otherwise preparing the case. See O.C.G.A. § 17-8-20. If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. This form is used to request a rescheduling of a court hearing. Follow these steps to complete the form accurately.
