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A continuance can be asked for as many times as someone might wish. Whether the judge grants is going to be based on the type of case, the rationale for the request, and the particular judge's general stance on continuances.
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.
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.
Definition. The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.
You can file a written response to the Motion to Continue, calling it something like an "Objection" or "Opposition." This MAY prevent the Court from entering a continuance without a hearing...
A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.
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.
This is called a continuance ; only the judge can move a hearing date. If you need to reschedule, you may file a written request with the clerk at least 5 days before your scheduled court date.