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A request for a continuance for a bench and/or jury trial may be granted for good cause and if it appears that the interest of justice will be better served. The request must be made in writing by the party requesting the continuance at least three (3) days before the trial or as soon as a conflict is evident.
To request a continuance in your criminal or traffic case, use either the fillable ELECTRONIC CONTINUANCE REQUEST FORM FOR CRIMINAL CASES or you may download a digital copy of CRIMINAL FORM 35 to fill out and email or fax to the court of jurisdiction.
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. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had ?contact? with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.
1 A motion to dismiss challenges the right of the claimant to prosecute his or her claim due to some deficiency in the pleading, manner of service, or venue. Defenses that may be raised by a motion to dismiss are as follows. Lack of Jurisdiction Over the Person.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.