Massachusetts Motion for Continuance

State:
Multi-State
Control #:
US-00872
Format:
Word; 
Rich Text
Instant download

Description

This is a Defendant's Motion for Continuance. This is used to postpone the original court date. It may be modified to suit your particular needs.
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FAQ

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.

Continuance. n. a postponement of a date of a trial, hearing or other court appearance to a later fixed date by order of the court, or upon a stipulation (legal agreement) by the attorneys and approved by the court or (where local rules permit) by the clerk of the court.

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.

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.

Within 14 days after the date of the decision of the appellate court, any party to an appeal may file a motion for reconsideration or modification of decision unless the time is shortened or enlarged by order.

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.

If you are unavailable on the date scheduled for the court magistrate's hearing, call or go into the clerk magistrate's office and request a date change. You may be asked to submit your request in writing and to attach any documents to show why you can't be in court on the scheduled date.

In legal terms, a change in a hearing date to a date in the future is called a ?continuance? of the hearing. If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date.

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Massachusetts Motion for Continuance