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Hawaii Sample Letter for Trial Continuance - Attempt to Schedule New Trial

State:
Multi-State
Control #:
US-0004LTR
Format:
Word; 
Rich Text
Instant download

Description

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


Subject: Request for Trial Continuance — Attempt to Schedule New Trial [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Today's Date] [Judge's Name] [Judge's Designation] [Courthouse Address] [City, State, Zip Code] Re: Case No. [XXXXXXXX] [Your Name] vs. [Opposing Party's Name] Dear Judge [Judge's last name], I hope this letter finds you in good health and great spirits. I am writing to request a trial continuance in the aforementioned case. Due to unforeseen circumstances, it has become necessary to reschedule the trial date to ensure a fair and just proceeding. I truly appreciate your consideration of this matter. 1. Background: [Provide a brief summary of the case, including crucial details about the parties involved, the allegations made, and the objective of the trial.] 2. Reason for Continuance: Unfortunately, circumstances beyond our control have arisen, making it essentially impossible to proceed with the trial as currently scheduled. The primary reasons for seeking a trial continuance are as follows: a. Unavailability of Key Witness/Expert: [Mention the unavailability, unavailability of a key witness or an expert whose testimony is vital and indispensable to present a strong case.] b. Medical Emergency/Incident: [Outline any unforeseen medical emergencies or incidents affecting the parties involved, their legal representation, or other significant individuals relevant to the case.] c. Additional Time for Preparation: [Specify if the requesting party needs additional time for crucial document review, gathering evidence, or preparing legal arguments to ensure a fair and comprehensive presentation.] 3. Efforts to Resolve the Matter: In light of the challenges faced, I want to assure the court that I have made every effort to resolve this matter without causing any inconvenience or delays. I have contacted the opposing party and their legal representative, informing them of the situation and my intention to request a trial continuance for the reasons mentioned above. 4. Proposed New Trial Dates: I have evaluated my schedule, and I propose [list three reasonable alternative dates here] as potential trial dates that accommodate all parties involved. These dates will ensure that everyone will have sufficient time to prepare and be present for the trial. 5. Commitment to Efficient Progress: I genuinely understand the importance of adhering to the court's schedule and strive to minimize any delays that may occur. Therefore, I assure you of my utmost commitment to meet all future deadlines promptly and efficiently. 6. Conclusion: Your Honor, I would be grateful if you could grant a trial continuance to reschedule the trial date, considering the circumstances stated above. I am confident that a fair trial can only be achieved by providing adequate time and ensuring the presence of all necessary individuals. Thank you for your understanding and kind attention to this matter. Should the court require any additional information or documentation to support this request, please don't hesitate to contact me. I eagerly await your response regarding the new trial date. Yours sincerely, [Your Name] [Your Title/Designation, if applicable]

Subject: Request for Trial Continuance — Attempt to Schedule New Trial [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Today's Date] [Judge's Name] [Judge's Designation] [Courthouse Address] [City, State, Zip Code] Re: Case No. [XXXXXXXX] [Your Name] vs. [Opposing Party's Name] Dear Judge [Judge's last name], I hope this letter finds you in good health and great spirits. I am writing to request a trial continuance in the aforementioned case. Due to unforeseen circumstances, it has become necessary to reschedule the trial date to ensure a fair and just proceeding. I truly appreciate your consideration of this matter. 1. Background: [Provide a brief summary of the case, including crucial details about the parties involved, the allegations made, and the objective of the trial.] 2. Reason for Continuance: Unfortunately, circumstances beyond our control have arisen, making it essentially impossible to proceed with the trial as currently scheduled. The primary reasons for seeking a trial continuance are as follows: a. Unavailability of Key Witness/Expert: [Mention the unavailability, unavailability of a key witness or an expert whose testimony is vital and indispensable to present a strong case.] b. Medical Emergency/Incident: [Outline any unforeseen medical emergencies or incidents affecting the parties involved, their legal representation, or other significant individuals relevant to the case.] c. Additional Time for Preparation: [Specify if the requesting party needs additional time for crucial document review, gathering evidence, or preparing legal arguments to ensure a fair and comprehensive presentation.] 3. Efforts to Resolve the Matter: In light of the challenges faced, I want to assure the court that I have made every effort to resolve this matter without causing any inconvenience or delays. I have contacted the opposing party and their legal representative, informing them of the situation and my intention to request a trial continuance for the reasons mentioned above. 4. Proposed New Trial Dates: I have evaluated my schedule, and I propose [list three reasonable alternative dates here] as potential trial dates that accommodate all parties involved. These dates will ensure that everyone will have sufficient time to prepare and be present for the trial. 5. Commitment to Efficient Progress: I genuinely understand the importance of adhering to the court's schedule and strive to minimize any delays that may occur. Therefore, I assure you of my utmost commitment to meet all future deadlines promptly and efficiently. 6. Conclusion: Your Honor, I would be grateful if you could grant a trial continuance to reschedule the trial date, considering the circumstances stated above. I am confident that a fair trial can only be achieved by providing adequate time and ensuring the presence of all necessary individuals. Thank you for your understanding and kind attention to this matter. Should the court require any additional information or documentation to support this request, please don't hesitate to contact me. I eagerly await your response regarding the new trial date. Yours sincerely, [Your Name] [Your Title/Designation, if applicable]

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FAQ

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

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.

If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.

How do I write a letter requesting a continuance? When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.

A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request.

Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.

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The party obtaining a continuance shall prepare and submit to the court an Amended Order Setting Time and Place of Hearing and shall serve the file-marked ... A plaintiff may make one informal request for a continuance to the next available scheduling conference date by contacting the courtroom deputy at calendar@hib.A motion for continuance of any assigned trial date, whether or not stipulated to by respective counsel, shall be granted only upon a showing of good cause, ... alternatively request a new trial or join a motion for a new trial under Rule 59. In ruling on a renewed motion, the court may: (1) if a verdict was returned:. When a party requests OAH to set a mediation date, to continue an already scheduled mediation date, or continue a prehearing conference or hearing, ... 3. If the other party or lawyer agrees to a continuance, ask them to put it in writing (letter, fax, or email). It should say the new hearing date, if possible ... Access a brief description of the process to prosecute an adult accused of committing a felony offense. A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be ... You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an ... When a party requests OAH to set a mediation date, to continue an already scheduled mediation date, or continue a prehearing conference or hearing, ...

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Hawaii Sample Letter for Trial Continuance - Attempt to Schedule New Trial