A Massachusetts Motion to Continue Trial is a legal motion filed by a party in a lawsuit to ask the court to postpone or delay the trial for an extended period of time. This motion is filed to allow the parties more time to prepare for trial, or to address any other legal issues that may have arisen. There are two types of Massachusetts Motion to Continue Trial: a motion for continuance before trial and a motion for continuance during trial. A motion for continuance before trial is filed prior to the start of the trial and is used to delay the start of the trial. A motion for continuance during trial is used to delay the trial after it has begun and is typically used to allow for additional time to prepare for trial or to address any new issues that may have arisen.
Massachusetts Motion to Continue Trial
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Any party may object to a question posed by another party by stating ?objection,? without elaboration or argument. The judge may rule on the objection in the presence of the juror or jurors, or may hear argument and rule on the objection outside the presence or hearing of the juror or jurors.
The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.
(a) Imprisonment. If a sentence of imprisonment is imposed upon conviction of a crime, the entry of an appeal shall not stay the execution of the sentence unless the judge imposing it or, pursuant to Mass. R. App.
All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.
The trial judge upon motion in writing may grant a new trial at any time if it appears that justice may not have been done. Upon the motion the trial judge shall make such findings of fact as are necessary to resolve the defendant's allegations of error of law.
No party may reserve the right to make a later disclosure. A party who fails to comply substantially with the terms of this Rule shall not have the right to call an expert at trial, but the court in its discretion may permit that party to do so upon such additional terms, if any, that the court may require.
The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the officer's direction and in the officer's presence, record the testimony of the witness.
Filing any motion under Rule 12 "stops the clock" on the 20-day responding period. The clock resumes when the court either denies the motion or indicates a postponement of its decision until the trial.