Louisiana Motion for Continuance, and Order
Description Motion For Continuance Example
How to fill out Louisiana Motion For Continuance, And Order?
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FAQ
Ask the court for a motion date. Identify and fill out your motion forms. Serve and file your motion forms. Confirm that you will attend the motion. Go to your motion hearing. Receive the judge's decision.
Dear Other Party or Their Attorney: As I explained today, I need a continuance of the hearing on DATE. I am asking for a continuance because GIVE REASON. Please let me know by DATE if you will agree to a continuance.
Greet the judge with a formal salutation such as "Dear Judge So-and-So" or "Your Honorable Judge So-and-So." Identify yourself and your reason for writing to the judge in the first line of the letter's body. For example, "My name is Jim Jimerson and I am writing to reschedule our evidentiary hearing."
The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
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.