Virginia Motion for Continuance
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How to fill out Motion For Continuance?
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FAQ
Rule 7A:14 - Continuances (a)Continuances Granted for Good Cause. Continuances should not be granted except by, and at the discretion of, a judge for good cause shown, or unless otherwise provided by law.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
Continuances requested without agreement of all parties may be granted only by a judge for good cause shown. Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days' notice to the Court and all parties and/or counsel of record.
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
Continuances are filed in person, by phone, or by email. The clerk's office will process a first continuance request. All second and subsequent requests will be reviewed by a Judge. For serious misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.
How many times can I change my court date. Typically you can continue a case only once, maybe twice, unless you have a compelling reason, so use your continuances sparingly.