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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.
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
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.
Sample Letter As I explained today, I need a continuance of the hearing on DATE. I am asking for a continuance because GIVE REASON. Please let me know by DATE if you will agree to a continuance. If you agree, please send me a letter, fax, or email that says that you agree to the continuance.
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.
However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help. In a worst-case scenario, the letter will end up being used by the prosecution as evidence against that person.
You can't write to the judge. You can hire your own attorney to make your case to the court.
Use "Re:" (an abbreviation for "regarding" or "with reference to"), followed by a brief identifying phrase. Begin with a salutation. Write "Dear Judge (last name)," to start the message of your letter. Note that you should use "the Honorable" when referring to the judge, but use "Judge" addressing him or her directly.
The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "Notice of Motion." It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do)." Read the Local