Puerto Rico Generic Motion for Continuance and Notice of Motion

State:
Multi-State
Control #:
US-01071BG
Format:
Word; 
Rich Text
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Description

A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.

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FAQ

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

Penal Code 1050 PC. Penal Code § 1050 PC lays out the procedures to ask to continue the hearing in a California criminal case. A 1050 motion to continue is a request by either the prosecution or the defense to postpone the hearing to a future date. The date can be for a pretrial matter or a trial.

Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.

A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.

Puerto Rico has one federal district court, which is known as the U.S. District Court for the District of Puerto Rico.

LBR 9013-1(o) provides that some motions may be filed and served without first scheduling a hearing, and must contain notice that parties have a chance to request a hearing. 1. LBR 9013-1(o) provides the procedure for giving notice that parties have an Opportunity to File a Response and Request a Hearing.

(a) Court Order Required for Continuance of Hearing. Trials or hearings shall not be continued upon stipulation of counsel alone, but a continuance may be allowed by order of the Court for good cause shown.

A grouping of formal or informal rules or regulations, adopted and implemented at a local level, that govern the practical or procedural affairs of a local court.

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Puerto Rico Generic Motion for Continuance and Notice of Motion