Colorado Motion for Continuance - Personal Injury

State:
Multi-State
Control #:
US-PI-0221
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.

A motion for continuance is a legal request made by one party involved in a personal injury case in Colorado to delay or reschedule a trial, hearing, or other court proceeding. This motion is typically filed by the plaintiff or defendant's attorney and must provide valid reasons for the request. There are several types of Colorado motions for continuance in personal injury cases, including: 1. Weather-related Motion for Continuance: In instances where extreme weather conditions, such as snowstorms or floods, pose a risk to the safety of those involved or hinder access to the courthouse, a motion for continuance can be filed. This motion must demonstrate how the adverse weather conditions directly affect the ability to proceed with the scheduled proceedings. 2. Medical Emergency Motion for Continuance: When a personal injury case involves a party or their attorney experiencing a sudden medical emergency, a motion for continuance can be requested. This motion requires supporting documentation, such as medical records, to establish the urgency and severity of the situation. 3. Insufficient Preparation Time Motion for Continuance: If one of the parties in a personal injury case, or their attorney, argues that they have not had sufficient time to adequately prepare for the upcoming hearing or trial, a motion for continuance can be presented. This motion must explain in detail the reasons for inadequate preparation and how it will impact the party's ability to present their case effectively. 4. Conflicting Schedule Motion for Continuance: When an unavoidable conflict arises, such as the involved parties or their attorneys having another trial or important event scheduled on the same date, a motion for continuance can be filed. This motion must demonstrate the specific conflicts and why rescheduling is necessary to ensure a fair and proper proceeding. 5. Witness Unavailability Motion for Continuance: If a crucial witness in a personal injury case becomes unavailable due to reasons such as illness, relocation, or scheduling conflicts, a motion for continuance can be pursued. This motion should detail the importance of the witness's testimony and explain how their absence will affect the outcome of the case. Overall, the Colorado motion for continuance in personal injury cases allows parties or their attorneys to request a delay in legal proceedings due to valid reasons. Such motions must be filed in a timely manner and provide sufficient evidence to support the request. It is crucial to consult with an experienced attorney to ensure the motion is appropriately drafted and filed in accordance with the Colorado court rules and procedures.

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On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, 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 entry of a new judgment.

Rule 369. Execution and Proceedings Subsequent to Judgment (d) Order for Debtor to Answer. At any time when execution may issue on a judgment, the judgment creditor shall be entitled to an order requiring the judgment debtor to answer such interrogatories concerning his property as shall be approved by the court.

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and ...

No continuance shall be granted beyond the one-hundred-nineteen-day period except for physical or mental disability of a party or a party's attorney or upon a showing of other good cause. Any such continuance shall be for no more than one hundred nineteen days, and only one such continuance shall be granted to a party.

On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, 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 entry of a new judgment.

Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.

Under Rule 69, Colorado Rules of Civil Procedure, judgment debtors will appear before the magistrate judge only upon subpoena. An attorney seeking the appearance of a judgment debtor must contact the secretary of the appropriate magistrate judge.

A Rule 69 deposition allows us to search the debtor's financial records and examine their bank accounts and statements.

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Form 1 - County Civil Summons · Form 1 A - Eviction Summons · Form 1 C - Summons by Publication · Form 1.1 - Summons by Publication · Form 2 - County Civil ... Any other request for an extension of time or continuance must be approved by court order on motion. (b) Content of Motion for Extension of Time or Continuance.Your court appearance must be rescheduled within 48 hours of receiving the signed Motion to Continue from the City Attorney's Office – Prosecution Division. Motions for continuances of hearings or trials shall be determined in accordance with Practice Standard 1-15 and shall be granted only for good cause. A request for a continuance can be written or oral depending on the circumstances. Many times, requests for continuances are made in open court at the beginning ... Scope of Rules, One Form of Action, Commencement of. Action, Service of Process, Pleadings, Motions and. Orders: ... injury by fellow servant, laches, license ... Step 3: For many civil cases, a request for a continuance is made through a motion. A “motion for a continuance” is a request asking the judge to make an order ... You will have to apply for a fee waiver by filling out the Application for Waiver of Court ... with the Circuit Clerk in the county where the court case is filed ... Oct 18, 2022 — A good example of a motion of continuance denied would be feigned illness to delay the trial which will result in a charge of contempt. This is the continuance. COUNSEL FOR PLAINTIFF: COUNSEL FOR DEFENDANT: Signature. Signature. Name/Date (print).

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Colorado Motion for Continuance - Personal Injury