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I am unable to appear before this Court on the date of the scheduled hearing because Briefly explain why you are unable to appear. However, I am able to appear before this Court on or after Date. I respectfully request this Court to stay the proceedings of this case until Date.
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
The defendant can ask for many continuances, but once he answers 'ready,' the state can still ask for an unlimited number of continuances."
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.
§ 114-4. Motion for continuance. (a) The defendant or the State may move for a continuance. If the motion is made more than 30 days after arraignment the court shall require that it be in writing and supported by affidavit.
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.
Who can use a Motion to Continue or Extend Time? Anyone who needs to ask the court to continue (reschedule) a court date that has already been scheduled, or who needs more time to do something (like file an Answer or respond to a Motion another party has filed) can file a Motion to Continue or Extend Time.
The court may on its own motion, or with the consent of the adverse party, continue a cause for trial to a later day. (f)Time for Motion. No motion for the continuance of a cause made after the cause has been reached for trial shall be heard, unless a sufficient excuse is shown for the delay.