Oregon Motion and Order to Continue Trial
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How to fill out Oregon Motion And Order To Continue Trial?
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FAQ
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.
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.Generally, the request must be based on an important issue and not something trivial, and neither side is allowed to excessively postpone the trial, especially the prosecution.
Under Rule 600 the prosecution has to bring the defendant to trial within one year of the charges being filed. However, the clock stops whenever there is a delay caused by the defendant or by the court calendar. So whenever the defendant files a motion or requests a continuance the clock stops.
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.
A Motion to Continue is a request by one or both parties in a legal dispute to the Court to extend or reschedule a hearing or trial date to a specified new date. WHY MUST I NEED ONE? If you have good cause to delay a hearing or trial, you must file a Motion to Continue with the Court.
If you want to change your court date, you must ask for a postponement (also called a "continuance"). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
A case can be continued more than once. Usually a judge will allow the defense attorney and the prosecution attorney to have one continuance each. An additional continuance may be needed if someone is sick or the trial docket is too full or there is some other reason the trial can not go forward.
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.