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A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
Explain why you need this extension (i.e. to cover costs of________ until ________). Itemize and explain any monthly costs and any other additional costs associated with the requested time extension. If there will be no cost change as a result of the additional time requested, say so.
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.
Explain the extenuating circumstances that will force you to miss court. For example, you might have pressing medical needs to attend to, or you may have lost a family member recently. Whatever the reason, try to be brief. ?I am writing to request a continuance for my hearing scheduled on October 12, 2015.
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.
Either side can ask for a new court date The judge will only give a new court date if there's a good reason. For example, if the plaintiff needs more time to serve the other side. Or, if the defendant needs more time to gather evidence.