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The court may adjourn (postpone) your case for a period of time, usually one or two weeks.
A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
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.
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.
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 can't attend or don't want to attend, let the court know as soon as possible. It is risky to allow a court hearing to go ahead in your absence without letting the court know why you aren't there.
You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well.
Greet the judge with a formal salutation such as "Dear Judge So-and-So" or "Your Honorable Judge So-and-So." Identify yourself and your reason for writing to the judge in the first line of the letter's body. For example, "My name is Jim Jimerson and I am writing to reschedule our evidentiary hearing."
The court usually will postpone a scheduled hearing in the following situations: (1) the plaintiff hasn't been able to serve the defendant, (2) the defendant wasn't served a sufficient number of days before the hearing date, (3) the defendant filed a claim of defendant and the plaintiff wasn't served with the