Oklahoma Motion for Continuance - Personal Injury

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Multi-State
Control #:
US-PI-0221
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Word; 
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Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.

A motion for continuance in Oklahoma personal injury cases is a legal request made by either the plaintiff or the defendant to reschedule a court hearing or trial date. This motion seeks to postpone or delay the proceedings due to valid reasons that would hinder the party's ability to adequately prepare, present evidence, or appear in court on the scheduled date. There are several types of Oklahoma motions for continuance — personal injury, each serving a unique purpose in the legal process. One common type of motion for continuance in Oklahoma personal injury cases is a "Motion for Continuance based on Insufficient Time to Prepare." In situations where a party lacks sufficient time to gather evidence, consult with expert witnesses, or conduct thorough investigations, they can file this motion to request additional time to adequately prepare their case. This motion is often used when complex or intricate legal issues are involved, extensive medical records need to be gathered and reviewed, or when the parties require additional time to negotiate a potential settlement. Another type of motion for continuance is a "Motion for Continuance due to Unavailability of Key Witnesses." In personal injury cases, witness testimony plays a crucial role in establishing liability, damages, and other essential elements of the claim. If a party discovers that a crucial witness is unavailable or unable to attend the scheduled hearing or trial due to unexpected circumstances, such as illness, death, or unavoidable conflicts, they can file this motion to request a postponement until the witness becomes available. Additionally, an "Emergency Motion for Continuance" may be filed in exceptional circumstances that require an immediate delay in the proceedings. Some valid reasons for an emergency motion may include sudden and serious health issues, a natural disaster that affects the ability to participate in the case, or other unforeseen events that make it physically or emotionally impossible for the party to attend court. It's important to note that the granting of a motion for continuance is at the discretion of the court, and the requesting party must provide valid reasons to support their request. The court will consider factors such as the availability of the opposing party, the interests of justice, and the need to ensure a fair trial when deciding whether to grant the motion. In conclusion, a motion for continuance in Oklahoma personal injury cases is a legal tool that allows for the rescheduling of court proceedings. Whether based on insufficient time to prepare, unavailability of key witnesses, or emergency situations, these motions are crucial for ensuring fairness and the ability of parties to present their case effectively.

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FAQ

A court may decide a motion for either a summary judgment or summary disposition without a hearing, and where this is done, the court shall notify the parties of its ruling in writing by mail or email.

A Rule 8 hearing happens after the criminal case has already finished. At a Rule 8 hearing in Oklahoma, a judge will decide if you can pay the costs associated with your criminal case. If you haven't yet paid your fees or cannot pay your costs, a Rule 8 hearing will address this.

A Motion for Continuance is a motion that one party files with the court seeking the court move a hearing or other court date.

The motion for continuance shall be in writing, shall indicate the reason(s) for the requested continuance, shall include the signature of the Respondent or attorney representing the Respondent and shall be filed at least seven (7) calendar days prior to the scheduled hearing date.

A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. The motion shall state all of the facts that the movant contends entitle the movant to a continuance.

A request for continuance shall be filed in writing and shall include the cause for the request and a statement of agreement or disagreement by the other party(s).

Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial (Cal. Rules of Ct., Rule 3.1332(c)(7)).

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Sep 17, 2018 — (a) A party seeking a continuance must request a continuance from the assigned administrative law judge (ALJ) and give notice to the non-movants ... A request for a continuance can be written or oral depending on the circumstances. Many times, requests for continuances are made in open court at the beginning ...Step 3: For many civil cases, a request for a continuance is made through a motion. A “motion for a continuance” is a request asking the judge to make an order ... When a continuance is granted on account of the absence of evidence, it shall be at the cost of the party making the application unless the court otherwise ... Certificate of Service: You must send a copy of the Motion for Continuance to opposing counsel. If the other party has no counsel, you must send the Motion. Jun 6, 2014 — Every document initiating a civil action in this court (e.g., complaint, petition, or notice of removal) shall be accompanied by a completed ... ... file a formal bill of exceptions; but it shall be sufficient to make objection thereto by dictating into the record in open court, out of the hearing of the ... Motion for Change of Venue from Judge/County. 4. Motion for Default Judgment. 5. Joint Motion for Continuance. 6. Motion to Dismiss Settled. 7. Crime and public offense defined. A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the ... Any motion for a continuance may be granted only by the assigned judge for good cause shown. All motions for continuance shall be signed by the party on whose ...

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Oklahoma Motion for Continuance - Personal Injury