Virgin Islands Generic Motion for Continuance and Notice of Motion

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

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

A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance.

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.

A party must timely move for a continuance and explain in detail the reason a continuance is warranted and the effort to resolve any scheduling conflict. (b) CLIENT CONSENT FOR A TRIAL CONTINUANCE. If requesting a trial continuance, trial counsel must certify the client consents to the continuance.

A party must timely move for a continuance and explain in detail the reason a continuance is warranted and the effort to resolve any scheduling conflict. (b) CLIENT CONSENT FOR A TRIAL CONTINUANCE. If requesting a trial continuance, trial counsel must certify the client consents to the continuance.

Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)

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Virgin Islands Generic Motion for Continuance and Notice of Motion